Roseville City Council
September 4, 2024

AGENDA
September 4, 2024

CITY COUNCIL
AND

HOUSING AUTHORITY
6:00 p.m.

Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us

THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.

Public Comment
- Speakers have three minutes under Public Comment to speak on issues that
are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.

Consent Calendar
- If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.

Agenda Items
- Speakers have five minutes to address items that are listed on the agenda.

Levine Act Provisions
-

The Levine Act requires a Party (or its agent (s)) to a Proceeding before the City of Roseville that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officers (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $250 within the 12 months before the City decision.

Americans with Disabilities Act
- Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.

Audio/Visual Presentations
- If making a presentation regarding an agenda item, audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance.

Security procedures are in place to attend Roseville City Council meetings.

All attendees must
successfully pass through a security metal detector.

Any person with a prohibited item will not be
allowed entry.

Prohibited items include, but are not limited to: firearms (even with valid CCW), knives, pepper spray/mace, explosives of any kind/ any weapons and/or dangerous devices of any kind, illegal drugs and alcohol.

Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. MEETING PROCEDURES

5. PUBLIC COMMENTS

6. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Minutes

6.1. Minutes of Prior Meeting
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the August 21, 2024 City Council Meeting.

CC #:
3530
File #:
0102-03
CONTACT:

Melissa Lipp [email protected] 916-774-5268

Bids / Purchases / Services

6.2. Programmable Logic Controller Rehabilitation Project - Contract Purchase Agreement Amendment
Memo from Preventative Maintenance Coordinator Blaine Wiegel and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-312

APPROVING CONTRACT PURCHASE
AGREEMENT AMENDMENT NO. 1, BY AND BETWEEN THE CITY OF

ROSEVILLE AND TELSTAR INSTRUMENTS, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF
ROSEVILLE (3001056). Staff requests Council
approval of an amendment to
contract purchase agreement with Telstar Instruments to add $33,650.55 to the agreement amount, for a total amount of $1,933,650.55 to cover completion of Programmable Logic Controller replacement, testing, panel installation/fabrication, programming integration, and engineering at the Barton Road Water Treatment Plant (BRWTP). Funding for this amendment will be provided from the Environmental Utilities Department
Water Treatment Plant
Program Logic Controller Update
Project for BRWTP in the Water
Rehabilitation Fund.

CC #:
3518
File #:
0203-09
CONTACT:

Blaine Wiegel 916-746-1833 [email protected]

6.3. Enterprise Asset Management Consulting Services - Sole Source Contract Purchase Agreement
Memo from Information Technology Program Manager Alex Vergara and Chief Information Officer Hong Sae recommending the City Council adopt RESOLUTION NO. 24-310 APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
SIXTY SEVEN SOLUTIONS, INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3004130). Staff requests Council approval of a sole source contract purchase agreement with Sixty Seven Solutions, Inc. for a one-year period for operational support of the City’s Enterprise Asset Management (EAM) system. The recommended contract is a sole source procurement because Sixty Seven Solutions is a critical member of the City's team that implemented the Maximo EAM software. The expertise and institutional knowledge of this consultant is critical for operational support and successful integrations with other City systems. The one-year contract cost of $250,000 covering portions of FY2024- 25 and FY2025-26 shall be a shared cost funded by charges to City departments collected by the Information Technology Operational Fund.

CC #:
3515
File #:
0203-06
CONTACT:

Alex Vergara 916-746-1168 [email protected]

6.4. Advanced Metering Infrastructure Meters - Sole Source Purchase Order Memo from Assistant Electric Utility Director Tom Pontes and Electric Utility Director Daniel Beans recommending the City Council approve a sole source purchase order with Itron, Inc. for the purchase of Advanced Metering Infrastructure (AMI) meters with a not to exceed amount of $555,773.75. The purchase is a sole source procurement because Itron is the sole distributor for the electric AMI meters deployed by the City. These meters require specific programming for different customer load types, and this programming relies on proprietary Itron software that Roseville Electric currently operates. Funding is included in the Electric Department's FY2024-25 budget in the Electric Fund.

CC #:
3525
File #:
0800-03
CONTACT:

Tom Pontes 916-774-5550 [email protected]

Resolutions

6.5. Roseville Firefighters', Local 1592, and the International Brotherhood of Electrical Workers, Local 1245 - Side Letter Agreements Memo from Human Resources Director Stacey Peterson recommending the City Council adopt RESOLUTION NO. 24-317 APPROVING A SIDE

LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING

FOR EMPLOYEES REPRESENTED BY ROSEVILLE FIREFIGHTERS,
LOCAL 1592, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt RESOLUTION NO. 24-318 APPROVING A SIDE LETTER TO THE MEMORANDUM OF

UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 1245, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council authorization for the City Manager to approve side letter agreements with the Roseville Firefighters, Local 1592, and the International Brotherhood of Electrical Workers, Local 1245, concerning a revised Flex Credit benefit due to significant medical plan premium increases to support retention and recruitment.

For the increased Flex Credit benefit, there is an estimated fiscal impact of $36,210 to the General Fund for the FY2024-25 budget, which will be covered by the contingency budget, and an estimated $59,430 impact to the utility funds, which will be covered by their existing budgets.

CC #:
3527
File #:
0600-01
CONTACT:

Stacey Peterson 916-774-5374 [email protected]

6.6. 2024 Solutions for Congested Corridors Program Grant Application - Letter of Agreement
Memo from Alternative Transportation Manager Ed Scofield and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-313

APPROVING A LETTER OF AGREEMENT,

BY AND BETWEEN THE CITY OF ROCKLIN AND THE CITY OF

ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests Council
approve a cost sharing agreement with the City of Rocklin for the preparation of
a Solutions for Congested Corridors Program grant application. The cost for this agreement is $20,000 with a potential benefit to the City of $2,000,000 in grant funds for the future Dry Creek Greenway East Phase 2 trail project that is currently under design. Local Transportation Funds will be used to pay for the agreement. No General Fund resources will be used.

CC #:
3519
File #:
0900-04 & 0214
CONTACT:

Ed Scofield 916-774-5449 [email protected]

6.7. Western Placer Consolidated Transportation Service Agency - Agreement Amendments
Memo from Alternative Transportation Manager Ed Scofield and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-314 APPROVING AGREEMENT AMENDMENTS,

BY AND BETWEEN THE CITY OF ROSEVILLE AND THE WESTERN

PLACER CONSOLIDATED TRANSPORTATION SERVICES AGENCY,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THEM ON
BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council authorize the City Manager to execute a one-year extension to the Agreements between the City and the Western Placer Consolidated Transportation Service Agency (WPCTSA) for FY2024-25 and, if mutually agreed upon by both agencies, exercise the second option year for FY2025-26 without further Council approval.

Both the Transit Ambassador Program and the operation of the South Placer Transit Information Center are operated by the City and funded by WPCTSA.

The Agreements fully reimburse the City for all costs associated with these programs.

CC #:
3520
File #:
0721-01
CONTACT:

Ed Scofield 916-774-5449 [email protected]

6.8. Comprehensive Solid Waste Management Software – Professional Services Agreement
Environmental Utilities Compliance Administrator Michelle White and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-308

APPROVING A PROFESSIONAL

SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF

ROSEVILLE AND E SOURCE COMPANIES, LLC, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests Council approve a professional services
agreement with E Source Companies, LLC for the Evaluation and Procurement of a Comprehensive Solid Waste Management Software. The agreement utilizes third-party expertise to evaluate existing systems and identify the most effective software solution. These services are needed to streamline data management and to effectively manage programs and operations. The Task 1 (Phase 1) contract cost of $86,360 is included in FY2024-25 Waste Services Operations Fund budget.

CC #:
3513
File #:
0800-02
CONTACT:

Michelle White 916-774-5774 [email protected]

6.9. Aquifer Storage and Recovery Well 9 (Westbrook) and Well 18 (Solaire) - Notice of Completion
Memo from Principal Engineer Janice Gainey and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-306 ACCEPTING THE PUBLIC WORK KNOWN AS THE
AQUIFER STORAGE AND RECOVERY WELL 9 (WESTBROOK) AND
WELL 18 (SOLAIRE) PROJECT, APPROVING THE “NOTICE OF
COMPLETION”, AND AUTHORIZING THE ENVIRONMENTAL UTILITIES

DIRECTOR TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approval of the Notice of Completion for the Aquifer Storage and Recovery Well 9 (Westbrook) and Well 18 (Solaire) Project. The total cost of the construction contract including all change orders was $15,640,678.80. The project was funded by the Water Construction Fund.

CC #:
3511
File #:
0900-02
CONTACT:

Janice Gainey 916-774-5535 [email protected]

6.10. City Council/Boards, Commissions, & Committees Administrative Standards Updates
Memo from Assistant City Clerk Helen Dreyer and City Attorney Michelle Sheidenberger recommending the City Council adopt RESOLUTION NO. 24- 307 APPROVING THE CITY COUNCIL/BOARDS, COMMISSIONS, AND COMMITTEES ADMINISTRATIVE STANDARDS UPDATES.

Staff requests
Council approve updates to the City Council/Boards, Commissions, & Committees Administrative Standards. Section 4.06 of the Roseville City Charter authorizes the City Council to establish its own meeting procedures. Prior to 2019, the City Council and the then thirteen Boards, Commissions, and Committees had their own separate meeting procedures. On February 20, 2019, the City Council adopted a resolution to consolidate the individual meeting procedures into one Administrative Standards document. Updates are now needed to the Administrative Standards due to changes in the law, changes in City policy, to add clarity, and to address areas currently not addressed in the standards. There is no fiscal impact associated with this request.

CC #:
3512
File #:
0102-04 & 0103
CONTACT:

Helen Dreyer 916-774-5356 [email protected]
M. Sheidenberger 916-774-5325 [email protected]

6.11. Natural Gas Transportation - Service Agreements
Memo from Electric Business Analyst Long Zhang and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 24-315

APPROVING NATURAL GAS SERVICE AGREEMENTS, BY AND

BETWEEN PACIFIC GAS AND ELECTRIC COMPANY AND THE CITY

OF ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSVILLE. Staff requests Council the
natural gas transportation service agreements with the Pacific Gas and Electric Company (PG&E). The agreements are necessary for natural gas delivery to the Roseville Energy Park and Roseville Power Plant 2 facilities.

Executing the agreements is estimated to cost approximately $6 million annually, resulting in an estimated annual savings of about $5 million compared to the PG&E’s standard tariff rate. Funding for these agreements is included in the Electric Department’s FY2024-25 budget in the Electric Fund.

CC #:
3521
File #:
0900-02
CONTACT:

Long Zhang 916-774-5652 [email protected]

Ordinances (for introduction and first reading)

6.12. Parking Management Plan Update - Budget Adjustment Memo from Economic Development Manager Wayne Wiley and Economic Development Director Melissa Anguiano recommending the City Council adopt ORDINANCE NO. 6864 AUTHORIZING CERTAIN AMENDMENTS TO
THE FISCAL YEAR 2024-25 BUDGET AND DECLARING THIS

ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN
APPROPRIATION MEASURE. Staff requests approval of a budget adjustment allocating $55,000 from the Strategic Improvement Fund for the preparation of an updated Downtown Parking Management Plan that will analyze current parking conditions and better understand future parking needs. An updated parking analysis will consider current parking capacity and uses, include an updated parking management program, and evaluate parking needs based on build-out of anticipated downtown redevelopment opportunities. Approval of the recommended budget adjustment results in the appropriation of $55,000 from the City's Strategic Improvement Fund and will not impact the General Fund.

CC #:
3529
File #:
0110 & 0201-01
CONTACT:

Wayne Wiley 916-774-5283 [email protected]

Ordinances (for introduction and adoption - appropriation/urgency measures)

6.13. CalRecycle Grant Funding – Capital Improvement Project Approval and Budget Adjustment
Memo from Environmental Utilities Compliance Administrator Michelle White and Environmental Utilities Director Richard Plecker recommending the City Council adopt ORDINANCE NO. 6862

AUTHORIZING CERTAIN
AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE.

Staff requests Council adopt an ordinance
to approve a $404,054 budget adjustment for CalRecycle grant funding. Funds received from this grant will be used in Environmental Utilities Waste Services to offset SB 1383 operational costs and provide public benefit through improved collection, management, and recycling programs and services. The grant will be
administered through a new project (CalRecycle Grant - SB 1383 Program Implementation) in the Waste Services Operations Fund. Since the project's expenses will be funded entirely by the grant, there will be no effect on the available resources in the Waste Services Operations Fund. No matching funds are required and there is no fiscal impact to the General Fund.

CC #:
3523
File #:
0800-02 & 0214
CONTACT:

Michelle White 916-774-5774 [email protected]

6.14. Sierra Vista Parcel Acquisition Project - Community Development Block Grant Loan Agreement and Budget Adjustment
Memo from Housing Analyst Kristine Faelz and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-316 APPROVING A LOAN AGREEMENT, BY AND

BETWEEN THE CITY OF ROSEVILLE AND GREEK ORTHODOX

HOUSING CORPORATION, AND AUTHORIZING THE CITY MANAGER

TO EXECUTE IT, THE PROMISSORY NOTE, DEED OF TRUST AND

ANY DOCUMENTS NECESSARY TO FUND AND ISSUE THE

COMMUNITY DEVELOPMENT BLOCK GRANT LOAN, ON BEHALF OF
THE CITY OF ROSEVILLE; and ORDINANCE NO. 6861 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a
Community Development Block Grant loan agreement between the City and Greek Orthodox Housing Corporation and authorizing the City Manager to execute necessary documents on behalf of the City to fund the Sierra Vista Parcel Acquisition project for affordable housing development. Staff also requests Council adopt an ordinance approving a budget adjustment to increase the Grants Deferred Loans expenditure budget in the Community Development Block Grant fund by $571,850. No General Fund resources will be used in the funding of this project.

CC #:
3522
File #:
0709-03 & 0201-01
CONTACT:

Kristine Faelz 916-774-5451 [email protected]
Claudia Carreno
916-774-5476 [email protected]

Ordinances (for second reading and adoption)

6.15. Second Reading - Roseville Municipal Code Amendment - Development Impact Fee Deferrals
Memo from Paralegal Gretchen Hakala and City Attorney Michelle Sheidenberger recommending the City Council adopt amended ORDINANCE NO. 6830 AMENDING SECTION 4.04.040 OF CHAPTER 4.04 OF TITLE 4

OF THE ROSEVILLE MUNICIPAL CODE REGARDING DEVELOPMENT
IMPACT FEE DEFERALS, for second reading and adoption. To correct an administrative error, staff requests Council adopt the correct version of the ordinance amendment.

On June 5, 2024, City Council heard for first reading, an amendment to Section 4.04.040 of Chapter 4.04 of Title 4 of the Roseville Municipal Code regarding Development Impact Fee Deferrals. The ordinance amendment was approved for second reading on June 19, 2024. Staff has since realized that the ordinance amendment attached for second reading was the incorrect version and didn't match what was approved during the first reading.

CC #:
3526
File #:
0215
CONTACT:

Gretchen Hakala 916-774-5325 [email protected]

6.16. Second Reading - Roseville Municipal Code - Regional Sewer Connection Fee Adjustments
ORDINANCE NO. 6863 AMENDING SECTION 14.16.080 OF CHAPTER

14.16 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE
REGARDING REGIONAL SEWER CONNECTION FEE, for second
reading and adoption.

CC #:
3524
File #:
0800-02
CONTACT:

Shane Whittington 916-774-5557 [email protected]

Reports / Requests

6.17. HOUSING AUTHORITY/CITY COUNCIL - Quarterly Status Update 2nd Quarter 2024
Memo from Housing Analyst Danielle O’Connell and Economic Development Director Melissa Anguiano recommending the City Council receive a quarterly report on the Housing Authority’s Housing Choice Voucher Program. This report is for informational purposes only and has no impact on the City's General Fund.

CC #:
3516
File #:
0709-01
CONTACT:

Danielle O’Connell 916-774-5277 [email protected] Suzi Cook-Turner 916-774-5414 [email protected] Ceremonial Documents

6.18. Resolution - Sally Friedman
Commend Sally Friedman for her 20 years of outstanding service and dedication to the City of Roseville in the Finance and Electric Utility Departments, congratulate her for her many accomplishments, and wish her a long, healthy, and enjoyable retirement.

CC #:
3531
File #:
0102-10
CONTACT:

Blair Hutchison 916-774-5266 [email protected]

END OF CONSENT CALENDAR

7. ORDINANCES

7.1. Roseville Municipal Code Addition – Temporary Memorials Memo from Deputy City Attorney My Tien Doan and Parks, Recreation & Libraries Director Jill Geller recommending the City Council introduce for first reading an ORDINANCE ADDING CHAPTER 13.14 OF TITLE 13 OF THE

ROSEVILLE MUNICIPAL CODE REGARDING TEMPORARY
MEMORIALS. Temporary memorials occasionally appear around the city on streetscapes, sidewalks, or corners following tragic fatalities. Sometimes these memorials remain for an indefinite amount of time and may cause a public safety issue depending on the size and/or contents of the memorial. The City does not currently have an ordinance in place to regulate these memorials, including reviewing for safety, establishing acceptable duration and contents, and ensuring their safe removal, storage, or disposal. The proposed ordinance is intended to give the City, as well as the public, a clear and consistent process for regulating temporary memorials and ensuring public safety. There is no fiscal impact associated with the proposed ordinance.

CC #:
3528
File #:
0704
CONTACT:

Jill Geller 916-774-5249 [email protected]
My Tien Doan 916-774-5325 [email protected]

7.2. Electric Emergency Operations Center - Contract Purchase Agreement and Budget Adjustment
Memo from Assistant Electric Utility Director Tom Pontes and Electric Utility Director Daniel Beans recommending the City Council adopt RESOLUTION NO. 24-309 APPROVING A CONTRACT PURCHASE AGREEMENT, BY

AND BETWEEN THE CITY OF ROSEVILLE AND CONFERENCE
TECHNOLOGIES, INC. DBA CTI AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3004015); and adopt ORDINANCE NO. 6859 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a contract purchase agreement with Conference Technologies Inc., dba CTI for construction of the Roseville Electric Emergency Operations Center and approve a $750,000 budget adjustment to increase the existing Electric Utility Department Operations Center Project budget, resulting in total spending authority of $1,500,000 for the project. Any future funding necessary will be included in the respective Electric Department budgets and contingent on City Council approval.

CC #:
3514
File #:
0203-07 & 0201-01
CONTACT:

Tom Pontes 916-
774-5550
[email protected]

7.3. Historic Old Town Parking Lot Improvements Project - Capital Improvement Project Approval, Letter of Understanding, and Budget Adjustment Memo from Assistant Engineer Brian Gulewich and Public Works Director Jason Shykowski recommending the City Council approve the establishment of a new capital improvement project; and adopt RESOLUTION NO. 24-311

APPROVING A LETTER OF UNDERSTANDING, BY AND BETWEEN

THE UNION PACIFIC RAILROAD COMPANY AND THE CITY OF

ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6860 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL
YEAR 2024-25 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE.

Staff
requests Council approve the establishment of a new Capital Improvement Project – Historic Old Town Parking Lot Improvements Project and approve a budget adjustment appropriating $2,170,000 from the Strategic Improvement Fund. Staff also requests the Council approve a Letter of Understanding between the City and Union Pacific Railroad (UPRR) outlining requirements for the City to acquire from UPRR a 1.64-acre parcel of real property in the Historic Old Town area, including an agreed-upon purchase price of $800,000. The requested actions will allow staff to finalize the acquisition (pending all due diligence) and design an approximately 110-space parking lot. The funding requested from the Strategic Improvement Fund will fully fund the acquisition and design.

Construction is estimated to cost
approximately $3,130,000 and will come to Council for future contract and budget approval. No General Fund resources are requested.

CC #:
3517
File #:
0900-04 & 0201-01
CONTACT:

Brian Gulewich
916-746-1376
[email protected]

8. COUNCIL REPORTS / PUBLIC COMMENTS

9. ADJOURNMENT

COUNCIL COMMUNICATION
CC #:
3530
File #:
0102-03
Title:

Minutes of Prior Meeting
Contact:

Melissa Lipp [email protected] 916-774-5268

Meeting Date: 9/4/2024
Item #: 6.1.

RECOMMENDATION TO COUNCIL
Approve the minutes of the August 21, 2024 City Council Meeting.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
There is no fiscal impact associated with this request.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The City Council minutes are not subject to CEQA. No additional environmental review is required.

Respectfully Submitted,
Melissa Lipp, City Clerk Technician
Carmen Avalos, City Clerk

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
August 21, 2024

MINUTES
August 21, 2024

CITY COUNCIL
6:00 p.m.

Council Chambers
311 Vernon Street
Roseville, CA
www.roseville.ca.us

1. CALL TO ORDER
Mayor Bruce Houdesheldt called the meeting to order at 6:01 p.m.

2. ROLL CALL

Present: Vice Mayor Krista Bernasconi, Councilmember Scott Alvord, Councilmember Pauline Roccucci, Councilmember Tracy Mendonsa, Mayor Bruce Houdesheldt.

3. PLEDGE OF ALLEGIANCE
Boy Scout Troop 11 led the Pledge of Allegiance.

4. MEETING PROCEDURES
City Clerk Carmen Avalos announced the procedures for addressing the City Council.

5. PRESENTATIONS

5.1. Resolution - 2024 Sylvia Besana Community Volunteer Award Commend Cathy SooHoo as the recipient of the City of Roseville 2024 Sylvia Besana Community Volunteer Award.

CONTACT:

Blair Hutchison 916-774-5266 [email protected]

The presentation was made to Cathy SooHoo, who responded.

6. PUBLIC COMMENTS
Nick Busse spoke on concerns regarding social media postings.

John Jewston with Boy Scout Troop 11 spoke on spaghetti feed fundraiser to be held September 7, 2024 at the Veteran's Memorial Hall.

7. CONSENT CALENDAR

BEGINNING OF CONSENT CALENDAR
Motion by Pauline Roccucci, seconded by Scott Alvord, to drop Item 7.22 from the Consent Calendar, and to approve the remaining items as presented. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci Minutes

7.1. Minutes of Prior Meetings
Memo from City Clerk Technician Melissa Lipp and City Clerk Carmen Avalos recommending the City Council approve the minutes of the August 7, 2024 City Council Closed Session Meeting and the August 7, 2024 City Council Meeting.

CC #:
3510
File #:
0102-03
CONTACT:

Melissa Lipp [email protected] 916-774-5268

Bids / Purchases / Services

7.2. Mahany Park Backstop #4 Repair - Award of Contract Memo from Park Development Project Manager Kelly Appier and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION 24-289 APPROVING AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND B&M BUILDERS, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council award an agreement to B&M Builders, Inc. to repair the Mahany Park large baseball field (Field #4) in the amount of $115,420. Staff also requests approval for the City Manager or his designee to approve change order requests in an amount not to exceed 10% of the contract price in accordance with the terms and conditions of the agreement. During the winter storms of 2023, four of the ten vertical steel posts of the backstop shifted and became out of plumb. Based on a structural engineer assessment, it was recommended these be replaced. As part of the project, accessibility upgrades are required. Funding for the Mahany Park Backstop Repairs project was approved during the FY2024-25 budget in the Citywide Park Fund and is anticipated to be reimbursed 75% by the Federal Emergency Management Agency, 18.75% by the State, and ultimately be 6.25% City funded. There will be no increase in

maintenance costs.

CC #:
3488
File #:
0704-01
CONTACT:

Kelly Appier
916-774-5927
[email protected]

7.3. Woodcreek Golf Course Bunker Renovation Project - Contract Purchase Agreement
Memo from Parks, Recreation & Libraries Superintendent Rob Nakamura and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-298

APPROVING A CONTRACT PURCHASE

AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND

LANDSCAPES UNLIMITED, LLC AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF

ROSEVILLE
(3004012). Staff requests Council
approve a contract purchase
agreement with Landscapes Unlimited, LLC for the Woodcreek Golf Course Bunker Renovation Project in an amount not to exceed $1,048,000 and estimated
change orders of up to $8,000. Two approved projects have available resources to complete the renovations and repairs. Staff will return to Council to recommend a budget adjustment consolidating the two project budgets. The current capital improvement projects for the Woodcreek Golf Course Facility Renovations and Restoration and the Woodcreek Golf Club Bunker Renovation are funded within the Golf Course Fund, with no additional impacts on the General Fund.

CC #:
3500
File #:
0704-01
CONTACT:

Rob Nakamura 916-774-5135 [email protected]

7.4. Cirby Substation 12kV Switchgear Replacement Civil Construction - Award of Contract
Memo from Power Engineer Austin Kurth and Electric Utility Director Dan Beans recommending the City Council adopt RESOLUTION NO. 24-284 APPROVING

AN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND
INTERSTATE CONSTRUCTION, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests Council award a construction contract to Interstate Construction, Inc. in the amount of $248,280 for the Cirby Substation Switchgear Replacement Civil Construction Project. Staff is also requesting authorization for the City Manager or his designee to approve and pay for contract change orders that could increase the contract amount by no more than 10%, or $24,828, for a total of $273,108. Funding is available in the Electric Department's FY2024-25 budget in the Electric Fund.

CC #:
3482
File #:
0900-03
CONTACT:

Austin Kurth 916-774-5661 [email protected]

7.5. Virtual Interactive Simulator System - Sole Source Contract Purchase Agreement

Memo from Management Analyst Mark Peinado and Police Chief Troy Bergstrom recommending the City Council adopt
RESOLUTION NO. 24-292 APPROVING

A SOLE SOURCE CONTRACT PURCHASE AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND VIRTRA, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE (3003604). Staff requests Council approve a sole source contract purchase agreement with VirTra Inc. for the purchase and installation of a Virtual Interactive Simulator System, for a total amount of $182,014.51. VirTra Inc. is the sole manufacturer of their proprietary interactive simulation system. Funding will come from a grant award that will cover $150,000 of this purchase, the remaining amount of $32,014.51 will be paid with funding from the Supplemental Law Enforcement Fund.

CC #:
3492
File #:
0323
CONTACT:

Mark Peinado 916-774-5021 [email protected]

7.6. Water Endpoints Communication Modules and Associated Parts - Sole Source Purchase Order
Memo from Water Utility Manager George Hanson and Environmental Utilities Director Richard Plecker recommending the City Council approve a sole source purchase order with Itron for water endpoints and associated parts for a not-to- exceed amount of $590,580.42 for FY2024-25. The recommended purchase is a sole source because there are no other providers in the region of the Itron endpoints for the City's Advanced Metering Infrastructure (AMI) for the water and electric systems. The estimated expenses are funded as follows: $125,580.42 from the Water Operations Fund and $465,000 from the Water Rehabilitation Fund.

CC #:
3497
File #:
0203-09
CONTACT:

George Hanson 916-746-1764 [email protected]

Resolutions

7.7. Transit Advertising - Agreement Amendment
Memo from
Alternative Transportation Manager Ed Scofield and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-291 APPROVING A FIRST AMENDMENT TO AGREEMENT FOR

TRANSIT ADVERTISING SERVICES, BY AND BETWEEN THE CITY OF

ROSEVILLE AND IRON HORSE MEDIA, LLC, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE.

Staff requests Council approve an Amendment to the Agreement with Iron Horse Media for advertising on Roseville Transit buses. This amendment will continue the agreement for two additional years with a guaranteed minimum revenue of $121,500 per year to the Transit Fund.

CC #:
3491
File #:
0721

CONTACT:

Ed Scofield 916-774-5449 [email protected]

7.8. Creekview Phase 4 Village 20 Subdivision - Final Map and Subdivision Agreement Memo from Associate Engineer Jeff Hendrix and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-285

APPROVING A SUBDIVISION AGREEMENT, BY AND BETWEEN THE

CITY OF ROSEVILLE AND ANTHEM UNITED CREEKVIEW

DEVELOPMENTS LIMITED PARTNERSHIP, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and approve the Creekview Phase 4 - Village 20 final map, accept on behalf of the public, the public utility easements, and accept, subject to improvement, Lots A, B, C and D and the rights of way offered thereon. The Engineering Division has completed its review of the final map and found that it is in compliance with the approved tentative map. This map will create 77 residential lots and 4 public landscape lots. The actions requested have no fiscal impact to the City's General Fund.

CC #:
3484
File #:
0400-04-13-1 & 0400-07
CONTACT:

Jeff Hendrix 916-774-5463 [email protected]

7.9. Creekview Phase 4 Village 6 and Creekview Phase 4 Village 8 Subdivisions - Final Maps and Subdivision Agreement
Memo from Associate Engineer Edward Winston and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24- 286

APPROVING A SUBDIVISION AGREEMENT, BY AND BETWEEN THE

CITY OF ROSEVILLE AND ANTHEM UNITED CREEKVIEW

DEVELOPMENT LIMITED PARTNERSHIP, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE ;
approve the Creekview Phase 4 Village 6 final map, accept, on behalf of the public, the public utility easements offered thereon; and accept, subject to improvement, Lots A, B, and C, and the rights of way offered thereon and approve the abandonment of the easements as listed thereon; and accept the Creekview Phase 4 Village 8 final map,
accept, on behalf of the public, the public utility easements and storm drainage easement offered thereon; and accept, subject to improvement, Lot A, and the rights of way offered thereon; and approve the abandonment of the easements as listed thereon
. The Engineering Division has
completed its review of the Creekview Phase 4 Village 6 and Village 8 final maps and found they are in compliance with the approved tentative maps. The Village 6 map will create 48 residential lots and 3 public landscape lots and the Village 8 map will create 32 residential lots and 1 public landscape lot. The actions requested have no fiscal impact on the City's General Fund.

CC #:
3485
File #:
0400-04-13-1 & 0400-07
CONTACT:

Edward Winston 916-774-5432 [email protected]

7.10. Creekview Phase 4 Village 7 Subdivision - Final Map and Subdivision Agreement

Memo from Associate Engineer Jeff Hendrix and Development Services Director Mike Isom recommending the City Council adopt RESOLUTION NO. 24-287

APPROVING A SUBDIVISION AGREEMENT, BY AND BETWEEN THE

CITY OF ROSEVILLE AND ANTHEM UNITED CREEKVIEW

DEVELOPMENTS LIMITED PARTNERSHIP, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF
ROSEVILLE; and approve the Creekview Phase 4 - Village 7 final map and accept on behalf of the public, the public utility easements, and accept, subject to improvement, Lots A, B and C and the rights of way offered thereon. The Engineering Division has completed its review of the final map and found that it is in compliance with the approved tentative map. This map will create 74 residential lots and 3 public landscape lots. The actions requested have no fiscal impact to the City's General Fund.

CC #:
3486
File #:
0400-04-13-1 & 0400-07
CONTACT:

Jeff Hendrix 916-774-5463 [email protected]

7.11. Roseville Police Department Expansion Project - Professional Design Services Agreement
Memo from Project Supervisor Andre Baranov and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-290

APPROVING A PROFESSIONAL DESIGN SERVICES AGREEMENT, BY
AND BETWEEN THE CITY OF ROSEVILLE AND 19SIX ARCHITECTS,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE. Staff requests Council approve a professional design services agreement with 19Six Architects, Inc., for the design of the Police Department Expansion Project in the amount of $1,351,350. Funds are available in the Police Department Facility Expansion, Design and Construction Project in the Public Facilities Fund. There will be increased facility maintenance costs in the General Fund associated with the project due to the increased parking and building area. The project intends to incorporate energy savings from shade canopies and may realize solar electrical production from photovoltaic panels.

CC #:
3490
File #:
0900-04
CONTACT:

Andre Baranov 916-774-5342 [email protected]

7.12. Water, Wastewater, and Recycled Water Cost-of-Service / Rate Study – Professional Services Agreement
Memo from Environmental Utilities Business Analyst Joseph Barrow and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-297 APPROVING A PROFESSIONAL

SERVICES AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND RAFTELIS FINANCIAL CONSULTANTS, INC., AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests Council approve a professional services agreement with Raftelis Financial Consultants, Inc. for a utility rate study for water, wastewater, and recycled water in the amount of $91,560. Funding is from the available resources in the

Environmental Utilities Department’s FY2024-25 annual budgets in the Water and Wastewater Operations Funds.

CC #:
3499
File #:
0203-09
CONTACT:

Joseph Barrow 916-746-1732 [email protected]

7.13. Duke Davis Water Feature Renovation Project - Notice of Completion Memo from Park Development Project Manager Kelly Appier and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt RESOLUTION NO. 24-288 ACCEPTING THE PUBLIC WORK KNOWN AS

DUKE DAVIS WATER FEATURE RENOVATION PROJECT, APPROVING
THE “NOTICE OF COMPLETION”, AND AUTHORIZING THE PARKS,

RECREATION AND LIBRARIES DIRECTOR TO EXECUTE SAID NOTICE ON BEHALF OF THE CITY OF ROSEVILLE.

The Parks, Recreation &
Libraries Department has made a final inspection of the

Duke Davis Water Feature
Renovation Project
and has found that all contract work has been completed in accordance with the improvement plans and specifications. The project is now ready for acceptance.

The renovation site is at the Davis “Duke” Park on Northpark Dr. The project replaced an existing water and sand play area with a new misting water feature.

In accordance with City specifications, the contractor shall guarantee the installation of these improvements for a period of twelve (12) months from the date of this Notice of Completion.

Funding of $138,000 was approved using the
North Roseville Community Facilities District No. 2 (Services District), Zone C.

There will be no increase in maintenance costs and no General Fund impact.

CC #:
3487
File #:
0704-01
CONTACT:

Kelly Appier 916-774-5927
[email protected]

7.14. RiverArc Project – Memorandum of Agreement Amendment Memo from
Environmental Utilities Assistant Director Sean Bigley and Environmental Utilities Director Richard Plecker recommending the City Council adopt RESOLUTION NO. 24-295 APPROVING AMENDMENT 1 TO

AMENDED AND RESTATED MEMORANDUM OF AGREEMENT, BY AND

BETWEEN THE CITY OF SACRAMENTO, SACRAMENTO COUNTY

WATER AGENCY, AND PLACER COUNTY WATER AGENCY AND THE

CITY OF ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE.

Staff requests
Council approval of Amendment 1 of the Amended and Restated Memorandum of Agreement for Planning and Design of the RiverArc Project to allow for Roseville’s participation in the environmental review and project design of the RiverArc Project. By engaging in this phase of the RiverArc Project, this will provide Roseville with another regional water infrastructure project that could provide significant water reliability benefits in the future. Roseville’s participation in this phase of the RiverArc Project requires two participation payments totaling $944,277 to Placer County Water Agency. The required participation payments are included in the FY2024-25 budget and are planned for the FY2025-26 budget in the River Arc Project, which is funded through the Water Construction Fund, which

receives funding via water connection fees paid by developers and other parties that connect into the City’s drinking water system. Any participation in future phases of the RiverArc Project, beyond what is included in this item, will come to the City Council for future consideration as separate items.

CC #:
3496
File #:
0800-02
CONTACT:

Sean Bigley 916-774-5513 [email protected]

7.15. California Greenhouse Gas Cap-and-Trade Program - 2025 Directly Allocated Allowance Allocation
Memo from
Electric Business Analyst
Long Zhang and Electric Utility Director Dan
Beans recommending the City Council adopt RESOLUTION NO. 24-293 APPROVING 100% OF THE ALLOCATION OF CITY’S 2025 GREENHOUSE GAS CAP-AND-TRADE PROGRAM ALLOWANCES.

Staff requests Council
approve 100% of the City’s 2025 Greenhouse Gas (GHG) allowances to the Compliance account for future compliance obligations, with no allowances allocated to the Auction account. There is no direct fiscal impact associated with the GHG allowance allocation. The allowances, valued at approximately $11 million, will be used to offset future GHG compliance costs.

CC #:
3493
File #:
0800-03
CONTACT:

Long Zhang 916-774-5652 [email protected]

7.16. HOME Investment Partnerships Program - Revised Resolution Memo from Housing Analyst Sara Thornton-Garcia and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24-299 AUTHORIZING THE SUBMISSION OF THE HOME

INVESTMENT PARTNERSHIPS PROGRAM APPLICATION TO THE

CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE IT AND

ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE AND

COMPLY WITH THE PROGRAM ON BEHALF OF THE CITY OF
ROSEVILLE. Staff requests Council approve a revised resolution to allow the Mayor to execute documents required by the California State Department of Housing and Community Development to complete an application to use HOME Investment Partnerships Program funding in the amount of $1,500,000 to support the rehabilitation of Sun Rose apartments, a Project Homekey permanent supportive housing site located in the City.

CC #:
3501
File #:
0709
CONTACT:

Trisha Isom 916-746-1239 [email protected]
Sara Thornton-Garcia 916-774-5295 [email protected]

Ordinances (for introduction and adoption - appropriation/urgency measures)

7.17. C-63 Neighborhood Park – Budget Adjustment
Memo from Park Planning & Development Manager Tara Gee and Parks, Recreation & Libraries Director Jill Geller recommending the City Council adopt ORDINANCE NO. 6850 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve a budget adjustment in the amount of $1,040,000 in the Creekview Neighborhood Park Fund for the C-63 Neighborhood Park Project, increasing the total project budget to $1,200,000. The C-63 Neighborhood Park Project was established as a Capital Improvement Project in FY2023-24. Design and construction document preparation of the park site are underway. The recommended budget adjustment provides funding for the construction portion of the park in FY2024-25. Maintenance for the park will be funded by Creekview Community Facilities District No. 2 (Public Services). There will be no General Fund impact.

CC #:
3481
File #:
0704-01 & 0201-01
CONTACT:

Tara Gee
915-774-5253
[email protected]

7.18. Fire Station #3 Building Assessment Project - Capital Improvement Project Approval and Budget Adjustment
Memo from Project Coordinator Lori Crittenden and Public Works Director Jason Shykowski recommending the City Council adopt ORDINANCE NO. 6851 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council authorize the establishment of a new Capital Improvement Project, Fire Station #3 Building Assessment Project, and approve a budget adjustment for the Fire Station #3 Building Assessment. The budget adjustment of $312,092 will be funded by the closure of the existing Fire Station #3 Dorm Room Improvements project. That project was originally funded by the Facility Rehabilitation Fund, which receives its funding from the General Fund. The budget adjustment will also release $34,677 back to the General Fund. The building assessment will be conducted to determine current condition, accessibility issues, and long-term usability and will have no new impact to the Facility Rehabilitation Fund.

CC #:
3494
File #:
0900-04 & 0201-01
CONTACT:

Lori Crittenden 916-774-5707 [email protected]

7.19. Public Safety 2023 Homeland Security Grant Program - Capital Improvement Projects Approval, Grant Awards, and Budget Adjustments Memo from Battalion Chief Eric Sanchez and Fire Chief Rick Bartee recommending the City Council adopt RESOLUTION NO. 24-303 ACCEPTING

A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY; and adopt ORDINANCE NO. 6857 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET AND

DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE; and adopt RESOLUTION NO. 24-
304 ACCEPTING A GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY; and adopt ORDINANCE NO. 6858 AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR
2024-25 BUDGET AND DECLARING THIS ORDINANCE TO BE
IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. The
Fire
Department and Police Department staff request Council approve the establishment of two new Capital Improvement Projects, accept grants from the 2023 Department of Homeland Security, and approve two budget adjustments. The funds will be used to purchase a $68,065 Raman chemical detector and $10,000 to replace a railcar emergency response kit for the Fire Department’s Type I Hazardous Materials Team.

The Roseville Police Department was awarded a total of $46,480 to purchase $5,490 in magnified optics equipment for the Rapid Containment Team, $2,990 in tactical medicine training for the Tactical Medicine Program, and $38,000 in night vision/virtual reality equipment for Special Weapons And Tactics team members. The total cost is estimated to be $124,545 and will be reimbursed through an equivalent grant award with no City share of the costs. Maintenance costs for the new equipment are expected to be equivalent to the maintenance costs of the equipment being replaced and is included in the departments' existing budgets in the General Fund. There is no net effect on the General Fund. Both departments will continue to seek grants to replace this type of equipment as technology improves and the equipment reaches its end of life.

CC #:
3506
File #:
0323 & 0324 & 0214 & 0201-01
CONTACT:

Eric Sanchez 916-774-5400 [email protected]

7.20. Citywide East Site Radio Communications Tower Project - Award of Contract and Budget Adjustment
Memo from Public Works Project Supervisor Andre Baranov, Information Technology Program Manager Karl Grover, Chief Information Officer Hong Sae, and Public Works Director Jason Shykowski recommending the City Council adopt RESOLUTION NO. 24-302 APPROVING AN AGREEMENT, BY AND
BETWEEN THE CITY OF ROSEVILLE AND SLC, INC., AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE; and adopt ORDINANCE NO. 6856
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE
. Staff requests Council
a
pprove award of the East Site Construction agreement for the Citywide East Site Radio Communications Tower project, and authorize the City Manager to approve a 15% contingency to cover costs of unanticipated changed to scope or schedule and ensure successful completion of the project. Staff also requests Council approve a
budget adjustment in the amount of $1,287,594 to provide adequate funding to pay for all costs including equipment and services in addition to site construction.

Funding for
the project was approved in 2015 using multiple funding sources including the Strategic Improvement Fund, Information Technology Replacement Fund, and the Public Facilities Fund. The total cost of the project is anticipated to be $2,965,306 so the budget adjustment will address the gap in funding from the current project budget of

$1,677,712. Once the project is complete, the ongoing site maintenance will be included in the annual Information Technology Operations Fund budget.

CC #:
3505
File #:
0800-05
CONTACT:

Karl Grover 916-774-5145 [email protected]

7.21. Staffing Changes
Memo from Human Resource Manager Macy Dippert and Human Resource Director Stacey Peterson recommending the City Council adopt ORDINANCE NO. 6854 AMENDING ORDINANCE NO. 6840, THE SALARY ORDINANCE

FOR SEASONAL/TEMPORARY EMPLOYEES, AS AMENDED BY
APPENDIX “V” TO BE EFFECTIVE AUGUST 24, 2024, AS AN URGENCY MEASURE; and adopt ORDINANCE NO. 6855 AMENDING ORDINANCE NO. 6842, THE SALARY ORDINANCE FOR MANAGEMENT EMPLOYEES, AS AMENDED BY APPENDIX “E” TO BE EFFECTIVE AUGUST 24, 2024, AS AN URGENCY MEASURE.

As part of an ongoing assessment of the appropriate
staffing levels to provide a high level of service to the community, staff recommends that the City Council approve the Temporary salary schedule reflecting the reclassification of an Aqua Fitness Instructor I/II to Aqua Fitness Instructor classification to remove the levels. Also recommended are updates to the Management A & B salary schedules reflecting the reclassification of the Utility Billing Operations Manager to Customer Care Manager and Electric Customer Programs Supervisor to Electric Customer Programs and Public Affairs Supervisor classifications. Staff also recommend updates to the city allocation schedule that includes
the addition of one (1) Assistant/Associate Electric
Analyst position, reclassification of three (3) positions, including reclassifying an Engineering Technician to Senior Engineering Technician, Utility Billing Operations Manager to a new Customer Care Manager, and Electric Customer Programs Supervisor to Electric Customer Programs and Public Affairs Supervisor; and deletion of one (1) Meter Reader position.

For the remainder of FY2024-25, the financial impact
of the recommendations to the Electric, Water Operations, Wastewater Operations, and Waste Services Funds is $41,999. All net cost increases can be absorbed in existing appropriations, so no budget adjustments are requested at this time.

CC #:
3503
File #:
0601-01
CONTACT:

Macy Dippert 916-774-5215 [email protected]

7.22. Sierra Vista Parcel Acquisition Project - Community Development Block Grant Loan Agreement and Budget Adjustment
Memo from Housing Analyst Kristine Faelz and Economic Development Director Melissa Anguiano recommending the City Council adopt RESOLUTION NO. 24- 300 APPROVING A LOAN AGREEMENT, BY AND BETWEEN THE CITY OF

ROSEVILLE AND GREEK ORTHODOX HOUSING CORPORATION, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT, THE

PROMISSORY NOTE, DEED OF TRUST AND ANY DOCUMENTS

NECESSARY TO FUND AND ISSUE THE COMMUNITY DEVELOPMENT
BLOCK GRANT LOAN, ON BEHALF OF THE CITY OF ROSEVILLE; and ORDINANCE NO. 6353 AUTHORIZING CERTAIN AMENDMENTS TO THE

FISCAL YEAR 2024-25 BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE AS AN APPROPRIATION MEASURE. Staff requests Council approve
a Community Development Block Grant loan agreement
between the City and Greek Orthodox Housing Corporation and authorizing the City Manager to execute necessary documents on behalf of the City to fund the Sierra Vista Parcel Acquisition project for affordable housing development. Staff also requests Council adopt an ordinance approving a budget adjustment to increase the Grants Deferred Loans expenditure budget in the Community Development Block Grant fund by $571,850. No General Fund resources will be used in the funding of this project.

CC #:
3502
File #:
0709-03 & 0201-01
CONTACT:

Kristine Faelz 916-774-5451 [email protected]
Claudia Carreno
916-774-5476 [email protected]

Staff requested item be dropped from the Consent Calendar to be relisted on a future agenda.

END OF CONSENT CALENDAR

8. RESOLUTIONS

8.1. State Ballot Measure - Proposition 36: The Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative
Memo from Government Relations Administrator Mark Wolinski and Deputy City Manager Megan Scheid recommending the City Council adopt RESOLUTION NO. 24-301 SUPPORTING STATE BALLOT MEASURE PROPOSITION 36 –

THE DRUG AND THEFT CRIME PENALTIES AND TREATMENT-
MANDATED FELONIES. Staff is providing an overview on Proposition 36 – The Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative that has qualified for the November 2024 ballot. The costs of these activities are contained within the City’s current budget.

CC #:
3504
File #:
0114
CONTACT:

Mark Wolinski 916-774-5179 [email protected]

Government Relations Administrator Mark Wolinski made the presentation to the City Council.

No public comment received.

Motion by Tracy Mendonsa, seconded by Pauline Roccucci, to adopt RESOLUTION NO. 24-301 SUPPORTING STATE BALLOT MEASURE PROPOSITION 36 - THE DRUG AND THEFT CRIME PENALTIES AND TREATMENT MANDATED FELONIES. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

9. SPECIAL REQUESTS/REPORTS/PRESENTATION

9.1. Grants Advisory Commission - Policy Manual Updates and Direction on Voting Status of Youth Commissioner
Memo from Management Analyst Tobi Thomas and Deputy City Manager Megan Scheid recommending the City Council adopt RESOLUTION NO. 24-294 APPROVING REVISIONS TO THE CITIZENS’ BENEFIT FUND POLICY MANUAL.

Staff requests Council
a
pprove the Youth Commissioner to become a voting
member of the Grants Advisory Commission (GAC) and approve the GAC recommendations to update the Citizens’ Benefit Fund Policy Manual regarding eligibility of applicants.

There is no fiscal impact associated with this report.

CC #:
3495
File #:
0103-34-02
CONTACT:

Tobi Thomas 916-746-1368 [email protected]

Management Analyst Tobi Thomas made the presentation to the City Council.

Current Grants Advisory Youth Commissioner, Bea Unidad, spoke in support of the item.

Motion by Krista Bernasconi, seconded by Pauline Roccucci, to adopt RESOLUTION NO. 24-294 APPROVING REVISIONS TO THE
CITIZENS' BENEFIT FUND POLICY MANUAL. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

9.2. Council Discretionary Funds - Latino Leadership Council Memo from Executive Assistant Heather Blanco and City Clerk Carmen Avalos requesting the City Council consider a request for $1,500 from Council Discretionary Funds for the Latino Leadership Council for their 10th Annual Forum on September 11, 2024. This year's theme is "Celebrating 10 Years of Bringing our Communities Together: Latinos Thrive when Partnerships Work". The balance remaining in the Council’s Discretionary Funds for FY2024-25 after rolling over unspent funds from last fiscal year is $18,321.

CC #:
3483
File #:
0102
CONTACT:

Heather Blanco 916-746-1171 [email protected]

City Clerk Carmen Avalos made the presentation to the City Council.

No public comment received.

Motion by Krista Bernasconi, seconded by Tracy Mendonsa, to

approve sponsorship for the Latino Leadership Council's 10th Annual Forum in the amount of $500.00. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

9.3. Council Discretionary Funds - The Gathering Inn
Memo from Executive Assistant Heather Blanco and City Clerk Carmen Avalos requesting the City Council consider a request for sponsorship from Council Discretionary Funds for The Gathering Inn’s annual Gathering for Hope 2024 event taking place at the Rocklin Event Center on November 15, 2024.

CC #:
3498
File #:
0102
CONTACT:

Heather Blanco 916-746-1171 [email protected]

City Clerk Carmen Avalos made the presentation to the City Council.

The Gathering Inn Chief Philanthropy Officer Darlene Cullivan spoke in support of the item.

Motion by Krista Bernasconi, seconded by Tracy Mendonsa, to approve sponsorship for The Gathering Inn's
annual Gathering for Hope 2024
event in the amount of $3,000.00. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

9.4. General Municipal Election November 5, 2024 - Consideration and Direction on Elections and/or Appointments for Vacancies in Districts 1 and 3 Memo from City Clerk Carmen Avalos recommending the City Council receive the Certification of Facts that there are not more candidates than offices to be filled; and either adopt RESOLUTION NO. 24-305 RESOLUTIO

N OF THE CITY

COUNCIL OF THE CITY OF ROSEVILLE, COUNTY OF PLACER, STATE OF

CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF MEMBERS OF THE CITY COUNCIL, DISTRICT 1 AND DISTRICT 3, THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024, AND CANCELING THE ELECTION FOR DISTRICTS 1 AND 3 or provide other direction pursuant to California Elections Code Section 10229.

CC #:
3509
File #:
0502-01
CONTACT:

Carmen Avalos 916-774-5269 [email protected]

City Clerk Carmen Avalos made the presentation to the City Council.

No public comment received.

Motion by Pauline Roccucci, seconded by Krista Bernasconi, to approve the Certification of Facts that there are not more candidates than offices to be filled for District 1 and District 3. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci Councilmember Tracy Mendonsa left the dais.

City Clerk Carmen Avalos made the presentation to the City Council.

No public comment received.

Motion by Pauline Roccucci, seconded by Krista Bernasconi, to appoint Tracy Mendonsa to District 1. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Roccucci

Absent: Mendonsa

Councilmember Tracy Mendonsa returned to the dais.

Mayor Bruce Houdesheldt left the dais.

City Clerk Carmen Avalos made the presentation to the City Council.

Motion by Tracy Mendonsa, seconded by Scott Alvord, to appoint Bruce Houdesheldt to District 3. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Mendonsa, Roccucci

Absent: Houdesheldt

Mayor Bruce Houdesheldt returned to the dais.

City Clerk Carmen Avalos made the presentation to the City Council.

No public comment received.

Motion by Pauline Roccucci, seconded by Krista Bernasconi, to adopt RESOLUTION NO. 24-305 OF THE CITY COUNCIL OF THE CITY OF

ROSEVILLE, COUNTY OF PLACER, STATE OF CALIFORNIA,

PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF MEMBERS OF THE CITY COUNCIL, DISTRICT 1 AND DISTRICT 3, THAT WERE TO BE ELECTED FOR DISTRIC 1 AND 3 with Councilmember Tracy Mendonsa recused from voting on District 1 and Mayor Bruce Houdesheldt recused from voting on District 3. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

10. PUBLIC HEARING

10.1. Roseville Municipal Code - Regional Sewer Connection Fee Adjustments Memo from Environmental Utilities Business Services Manager Shane Whittington and Environmental Utilities Director Richard Plecker recommending the City Council introduce for first reading an ORDINANCE AMENDING SECTION

14.16.080 OF CHAPTER 14.16 OF TITLE 14 OF THE ROSEVILLE

MUNICIPAL CODE REGARDING REGIONAL SEWER CONNECTION
FEE. Staff requests Council conduct a public hearing to receive public comment regarding proposed regional sewer connection fee adjustments. The proposed changes are to update the municipal code to reflect the reduced regional sewer connection fee from $9,852 (after inflation adjustments) per sewer unit to $9,802 per sewer unit for new connections to the wastewater system. This would make the Municipal Code consistent with the recommendation in the Regional Wastewater Capacity Fee Study conducted by IB Consultants LLC and approved by the South Placer Wastewater Authority (SPWA) Board on June 27, 2024, via Resolution No. 2024-15. While SPWA is responsible to reevaluate and recommend the minimum Regional Connection Fee not less than once every five years, it is the City's responsibility to enact and enforce the minimum Regional Connection Fee.

CC #:
3507
File #:
0800-02
CONTACT:

Shane Whittington 916-774-5557 [email protected]

Mayor Bruce Houdesheldt opened the public hearing at 6:55 p.m.

Assistant Environmental Utilities Director Sean Bigley introduced Environmental Utilities Business Services Manager Shane Whittington, who made the presentation to the City Council.

No public comment received.

Mayor Bruce Houdesheldt closed the public hearing at 7:02 p.m.

Motion by Scott Alvord, seconded by Pauline Roccucci, to introduce for first reading an ORDINANCE AMENDING SECTION 14.16.080 OF CHAPTER

14.16 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING REGIONAL SEWER CONNECTION FEE. The Motion Passed.

Roll call vote:

Ayes: Alvord, Bernasconi, Houdesheldt, Mendonsa, Roccucci

11. COUNCIL REPORTS / PUBLIC COMMENTS
No public comment received.

City Manager Dominick Casey announced campaign sign FAQ's can be found on

the City's website.

Councilmember Scott Alvord reported on various community activities.

Vice Mayor Krista Bernasconi reported on various community activities.

Northern California Power Agency Meeting
- Councilmember Pauline
Roccucci reported on attendance.

Councilmember Pauline Roccucci reported on various community activities.

Councilmember Tracy Mendonsa reported on various community activities.

Mayor Bruce Houdesheldt reported on various community activities.

Sacramento Area Council of Governments Meeting
- Mayor Bruce
Houdesheldt reported on attendance.

12. ADJOURNMENT
Mayor Bruce Houdesheldt adjourned the meeting at 7:25 p.m.

COUNCIL COMMUNICATION
CC #:
3518
File #:
0203-09
Title:

Programmable Logic Controller Rehabilitation Project - Contract Purchase Agreement Amendment
Contact:

Blaine Wiegel 916-746-1833 [email protected]

Meeting Date: 9/4/2024
Item #: 6.2.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract Purchase Agreement (CPA 3001056) with Telstar Instruments to add $33,650.55 to the agreement amount, for a total amount of $1,933,650.55, to cover completion of Programmable Logic Controller replacement, testing, panel installation/fabrication, programming integration, and engineering at the Barton Road Water Treatment Plant (BRWTP).

BACKGROUND
The
Environmental Utilities Department (
EUD) operates and maintains a 100MGD water
treatment plant. This facility utilizes (18) Allen Bradley SLC 5/05 Programmable Logic Controllers (PLCs) that are at the end of life and need to be replaced. These controllers are critical to the operation of the plant and necessary for water treatment.

The EUD released Request for Proposals No. 08-076 Allen Bradley PLC Replacement Project to solicit proposals for PLC replacement, testing, panel installation/fabrication, programming integration and engineering. Qualified vendors were evaluated on overall proposals, cost, qualifications, and experience. Telstar Instruments was ranked first in overall scoring.

The original contract was $1,900,000 and, after some mandatory additions to the scope of work by City staff, the total cost to complete the project is $1,933,650.55.

FISCAL IMPACT
The cost of this amendment is $33,650.55. Funding for this amendment will be provided from the EUD
Water Treatment Plant Program Logic Controller Update
Project for BRWTP in the Water
Rehabilitation Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects, which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)). Telstar Instruments Allen Bradley PLC replacement does not include the potential for a significant environmental effect, and therefore is not subject to the CEQA.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Blaine Wiegel, Preventative Maintenance Coordinator
Richard Plecker, Environmental Utilities Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-312
Contract Purchase Agreement
RESOLUTION NO. 24-312

APPROVING CONTRACT PURCHASE AGREEMENT AMENDMENT NO. 1, BY AND

BETWEEN THE CITY OF ROSEVILLE AND TELSTAR INSTRUMENTS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, Contract Purchase Agreement Amendment No. 1 (3001056) for additional punchlist work for the Programmable Logic Controller Rehabilitation Project at the Barton Road Water Treatment Plant, between the City of Roseville and Telstar Instruments, has been reviewed by the Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said amendment is approved and the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 20__, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

_______________________________
MAYOR

ATTEST:

__________________________
City Clerk

COUNCIL COMMUNICATION
CC #:
3515
File #:
0203-06
Title:

Enterprise Asset Management Consulting Services - Sole Source Contract Purchase Agreement
Contact:

Alex Vergara 916-746-1168 [email protected]

Meeting Date: 9/4/2024
Item #: 6.3.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a
o
ne
-year
contract purchase agreement with
Sixty Seven
Solutions, Inc. for operational support
of the City’s Enterprise Asset Management (EAM) system.

BACKGROUND
The City’s Enterprise Asset Management (EAM) system provides asset
tracking an
d

work orders
for

critical
citywide

assets and provides extensive
report
ing for management and
regulatory
compliance
for over $2 billion worth of City assets
.

EAM is used by the City’s utilities
departments, as well as other City departments, and has been integrated with other critical systems like Automated Metering Infrastructure (AMI), and utility billing . The EAM
work order
system is currently being integrated into the new
Customer Relationship Management (CRM)
system
and will
act as the central work order database for the
City
.

The EAM System will continue
to integrate into existing Cayenta Utility Billing CIS-Customer Information System, Geographic
Information System (GIS),
and Oracle Cloud Enterprise Resource Planning (ERP) Program.

The recommended contract is a sole source procurement because Sixty Seven Solutions is a critical member of the City's team that implemented the Maximo EAM software. The expertise and institutional knowledge of this consultant is critical for operational support and successful integrations with other City systems.

FISCAL IMPACT
The
contract purchase agreement i
s
not to
exceed

the
amount of $
250,000
over the
one
-year
period
.

Funding
is included in the charges to City operating departments collected by the Information Technology Operations Fund in the FY2024-25 budget, and will be included in IT’s
FY2025-26 budget request.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. An agreement for consulting services meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F – Invest in well-planned infrastructure and growth

Respectfully Submitted,
Alex Vergara, Information Technology Program Manager
Hong Sae, Chief Information Officer

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-310
Signed CPA
RESOLUTION NO. 24-310

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND SIXTY SEVEN SOLUTIONS, INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, contract purchase agreement (3004130) for Enterprise Asset Management consulting services, by and between the City of Roseville and Sixty Seven Solutions, Inc., has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

_______________________________
MAYOR

ATTEST:

__________________________
City Clerk

Contract Purchase Agreement 3004130
Supplier Details:

Company Sixty Seven Solutions Inc
Contact Kevin Wiley
Address 6940 Country Ct
Granite Bay, CA 95746
Submit your response to:

Company City of Roseville
Contact Erica Kaminski
Address Purchasing Division
311 Vernon St
Roseville, CA 95678
Phone (916) 746-1108
Fax (916) 746-1115
E-mail [email protected]
This Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.

Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.

The following guidelines must be followed for the signature block on the agreement:

Sole proprietorship - By owner
Partnership - Any general partner
Corporation - Two options:
(1) A signature from the President and the corporate seal; OR (2) One signature from the Chairman of the Board, President, or any Vice President AND one signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation
*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.

Insurance requirements:

The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required. 1 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130
Agreement 3004130
Agreement Date 23-AUG-2024
Revision 0
Agreement Amount 250,000.00 USD
Invoice To City of Roseville
Accounts Payable
311 Vernon St
ROSEVILLE CA 95678
Supplier Sixty Seven Solutions Inc
6940 Country Ct
Granite Bay, CA 95746
Phone:

Fax:

Email:
(916) 774-5488
(916) 784-3796
[email protected]
Phone:

Fax:

Email:
()
()
[email protected]
Description of
Labor,
equipment
and/or materials

VENDOR SHALL PROVIDE OPERATIONAL SUPPORT, ADMINISTRATION AND

IMPLEMENTATION OF THE CITY'S ENTERPRISE ASSET MANAGEMENT SYSTEMS

ON AN AS-NEEDED BASIS AS DIRECTED BY THE CITY OF ROSEVILLE

ENTERPRISE ASSET MANAGEMENT TEAM IN ACCORDANCE WITH THE ATTACHED SIXTY SEVEN SOLUTIONS, INC. SCOPE OF SERVICES. ALL WORK MUST BE QUOTED AND APPROVED IN ADVANCE BY ALEX VERGARA.

PLEASE CONTACT ALEX VERGARA AT [email protected] OR TYLER ADAMS AT [email protected] FOR ANY QUESTIONS REGARDING THIS AGREEMENT.
*The total agreement amount is an approximation only. The City does not guarantee whatsoever the actual value of this contract.

Customer # Supplier # Payment Terms Freight Terms FOB Shipping Method 12942 Net 30 Freight on Board at the destination Destination Best Method Start Date End Date Confirm To
01-Oct-2024 30-Sep-2025 Erica Kaminski Phone 1-916-746-1108 Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.

2 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

Contract Terms and Conditions

1. To the fullest extent allowed by law, Consultant agrees to indemnify, including the cost to defend City, and its officers, agents, employees and volunteers from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City.

Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

2. Consultant is an independent contractor, and shall not be considered an officer, agent, or employee of the City.

3. Without the written consent of the City, this Agreement is not assignable by Consultant either in whole or in part.

4. Time is of the essence of this Agreement.

5. At any time during the term of this Agreement, the City has the right to terminate this Agreement, provided Consultant is given thirty (30) days written notice. City's termination shall be without further liability to City; however, Consultant shall be entitled to all costs reasonably incurred prior to the date of termination. Consultant acknowledges that City may terminate this Agreement should funds not be appropriated by its governing body to continue services under this Agreement.

6. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties.

7. All equipment, supplies and services sold to the City of Roseville shall conform to the general safety orders of the State of California.

8. Unless notified to the contrary, in writing, the City assumes that the Consultant has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement. Any work product created for City pursuant to this Agreement is deemed owned by City.

9. All prevailing wages and fair employment practices must be adhered to. For prevailing wage contracts over $25,000, copies of certified payroll must be submitted with invoices. Prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm . In compliance with Labor Code Section 1773.2, as may be amended from time to time, Contractor shall cause a copy of this website to be posted at each jobsite, as applicable.

10. Consultant agrees to the below insurance requirements:
a. Unless otherwise specified, the Consultant shall maintain the policies of insurance outlined in Attachment A, incorporated herein by this reference, in full force and effect during the term of this Agreement. The City of Roseville retains sole discretion in determining the types and proper levels of insurance coverage. b. Form. Consultant shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. c. Additional Insureds. Consultant shall also provide a separate endorsement or section of the policy showing City, its officers, agents, employees, and volunteers as additional 3 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

insureds for each type of coverage, except for Workers' Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of Consultant.

The additional insured coverage under the Consultant's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy and shall not seek contribution from City's insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be:
(1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
d. Cancellation/Modification. Consultant shall provide thirty (30) days written notice to City prior to cancellation or modification of any insurance required by this Agreement. e. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract) before City's own insurance shall be called upon to protect it as a named insured.
f. Subconsultants. Consultant agrees to include in its contracts with all subconsultants the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subconsultants work.

Furthermore, Consultant shall require its subconsultants to agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Additionally, Consultant shall obligate its subconsultants to comply with these same provisions with respect to any tertiary subconsultant, regardless of tier. A copy of City's indemnity and insurance provisions will be furnished to the subconsultant or tertiary subconsultant upon request.
g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
h. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy.

All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of City, its officers, agents, employees, and volunteers for all worked performed by Consultant, its employees, agents, and sub consultants.
i. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Consultant of liability in excess of such coverage, nor shall it preclude City from taking such other actions as are available to it under any other provisions of this Agreement or law.

11.  Consultantshall comply with all federal, state, local laws, ordinances, and policies as may be applicable to the performance of services under this Agreement. Failure to comply with local ordinances may result in monetary fines and cancellation of this Agreement.

12. In the event that the terms of any attachment or exhibit conflict with any terms of this Agreement, the terms of this Agreement shall control.

13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ". pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if 4 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

such facsimile or ".pdf" signature page were an original thereof.

14. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys' fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

15. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

16. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.

17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" are used interchangeably.

18. Consultant agrees that any and all information furnished by City shall be deemed proprietary and confidential. All such information, to the extent previously, presently, or subsequently disclosed to Consultant and/or processed and derived by Consultant services is the property of City and such property shall be deemed and treated as "Confidential Information" of City.

Consultant acknowledges that such Confidential Information may contain information provided and/or generated by third-parties. Consultant agrees that such Confidential Information shall not be disclosed to any third party without written permission from City, except as required by law. Consultant shall not use the Confidential Information except to perform Consultant's services as directed by City.

19. All facilities, devices, networks, and services used to store, deliver, process, backup or purge Confidential Information will employ administrative, physical, technical, and procedural safeguards and best practices at a level sufficient to secure Confidential Information from unauthorized access, destruction, use, modification, or disclosure. Such measures will be no less protective than those used to secure Consultant's own information of a similar type, and in no event less than reasonable in view of the type and nature of the information involved. It is the City's expectation that Consultant, at its own expense, shall perform annual audits for any data centers that house Confidential Information, using an independent third-party audit that meets industry standards applicable to the services under this Agreement, and provide the audit report or certification upon request to City.

20. Consultant will retain Confidential Information until deleted by City or City-authorized third party, or for a time period mutually agreed upon by the parties to this Agreement.

21. Upon termination or expiration of this Agreement, Consultant will ensure that all Confidential Information is securely transferred to City within thirty (30) calendar days. Consultant will ensure that any transfer of Confidential Information is accomplished by methods that are compatible with the relevant City systems, and that City will have access to all Confidential Information during any such transfer. Consultant shall securely dispose of all Confidential Information when requested by City and Consultant will provide written notification to City once all Confidential Information has been securely disposed of.

22. Consultant shall report to City any data compromise or unauthorized access to Confidential Information within twenty-four (24) hours after Consultant discovers such data compromise or unauthorized access. Consultant will take commercially reasonable measures to address any such data compromise or unauthorized access in a timely manner. Except as otherwise required by law, Consultant will not provide notice to end users or other entities of any such data compromise or unauthorized access without written permission from City. Consultant will promptly reimburse City in full for all fees and costs incurred by City in any investigation, remediation or litigation resulting from any such data compromise or unauthorized access, including identity protection and restoration services for each person, who in the City's sole discretion, could be impacted by identity theft. 5 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

23. Consultant may not advertise that City is a client, list City as a reference or otherwise use City's name, logos, trademarks, or service marks without prior written permission from City.

24. Consultant acknowledges that services rendered under this agreement (including but not limited to service levels and operational levels) shall be performed in accordance with industry standards.

25. If the project referenced on this agreement is a Public Works project, then the following shall apply: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this agreement, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations.

Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

26. If the project referenced on this agreement is a Public Works project, then the following shall apply: Contractor must submit all claims as defined in and in accordance with the claim resolution process set forth in Section 9204 of the Public Contract Code. Each such claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the claim. All claims must be received prior to acceptance of the work.

27. Contractor/consultant's duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant's participation in the planning, discussions, or drawing of project plans or specifications, if any, shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

28. Consultant certifies that Consultant, its employees, directors, officers, agents, subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension, or ineligibility by any federal, state, or local department or agency.

29. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to a Proceeding before the City of Roseville that involves any action or consideration related to their contract, license, permit, or other entitlement for use, to disclose any campaign contributions made to City elected or appointed officers totaling more than $250 within the twelve (12) months prior to the City decision and while a proceeding is pending, and includes certain prohibitions on contribution activity thereafter. If applicable campaign contributions have been made by Contractor and/or its agent(s), Contractor is responsible for compliance, including for its disclosure obligations, if any, as further described at: https://www.roseville. ca.us/government/departments/city_clerk/transparency/levine_act.

30. This Agreement may be amended via change order, but only if such change order is made in writing, approved by the City, and signed by both parties.

31. CONSULTANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULTANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.

CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULTANT is providing services directly to CITY; (c) CONSULTANT has and will maintain at all relevant times a business license; (d) CONSULTANT maintains a business location that is separate from CITY; (e) CONSULTANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) 6 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

CONSULTANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULTANT advertises and holds itself out to the public as available to provide the same or similar services; (h) CONSULTANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULTANT has negotiated its own rates; (j) CONSULTANT set its own hours and location of work in accomplishing CITY's on-call needs; and (k) CONSULTANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.

The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "Contract Purchase Agreement" and all accompanying terms, conditions, and attachments.

Roseville Business License No. ____________________________________ Contractor License No. ____________________________________________ DIR Registration No. _______________________________________________ Check mark the applicable company type below:
___________ Corporation
___________ Limited Liability Company
___________ Partnership
___________ Sole Proprietor
City reserves the right to withhold any payments to Consultant in the event of noncompliance with insurance requirements or if required by law.

Information Technology T&C
REV 3/21/24 JS

7 X
Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 n/a
n/a
n/a
Contract Purchase Agreement 3004130

ATTACHMENT A

HUMAN RESOURCES/RISK MANAGEMENT DIVISION

INSURANCE REQUIREMENTS

AGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIES General - Required Coverage/Documentation
● General Liability: $1 Million per occurrence /$2 Million aggregate ● Automobile Liability: $1 Million combined single limit ● Workers' Compensation: Statutory *Must provide a Waiver of subrogation ● Additional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, its officers, agents, employees and volunteers as additional insured. ● Policies must be primary and non-contributory
● A 30 day notice of cancellation must be provided
● List certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth, GA 30096
Additional Liability/Insurance Requirements if required by Agreement (and marked below):

Construction:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Design Professional:____
General Liability:
$2 Million/occurrence
$4 Million aggregate
Professional Liability:
$2 Million/occurrence
Professional Consultant:____
Professional Liability:
$1 Million/occurrence
IT Services:__X__
Professional Liability:
$1 Million/occurrence
No auto required
Cyber Liability:
$1 Million/occurrence
Hazardous Materials:____
Pollution Liability:
$1 Million/occurrence
Special Events/Caterers-Vendors:____
No auto required
No workers' comp required
Professional Counseling/ Psychological:____
Professional Liability:
$1 Million/occurrence
No auto required
8 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

Pyrotechnics:____
General Liability:
$5 Million/occurrence
$10 Million aggregate
Auto - $2 Million/occurrence
Chemical/Environmental:____
General Liability:
$3 Million/occurrence
$6 Million aggregate
Pollution – $2 Million/Occurrence
Auto - $2 Million/Occurrence
Insurance Submission Process
The City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manage our insurance certificate tracking.

How It Works
● The vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proof of insurance.
● The Vendor can forward the request to their Insurance Agent(s) if necessary. ● Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to (770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail to EBIX. Please do not mail, email or fax any certificates to the City of Roseville. ● Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will send a follow up letter or email requesting additional information.

Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239 Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202

9 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 Contract Purchase Agreement 3004130

Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ Supplier
Signature:______________________________________________ Print Name:_____________________________________________ Title:__________________________________________________ Date: __________________________________________________ City of Roseville, A Municipal Corporation
Signature:______________________________________________ Print Name: Dominick Casey
Title: City Manager
Date:__________________________________________________ 10 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0 President
Secretary
8/23/2024
8/23/2024

KEVIN WILEY

KEVIN WILEY
/i255
/1/2/3/4/5/6/7/8/i255/9/8/10/11/12/2/13/11/i255/14/1/15/i255/16/17/16/18/19/20/20/21/22/23/24/25/26/22/16/27/26/20/22/18/28/1/16/22/19/20/18/20/23/27/18/24/9/18/24/26/i255 /i255
/i255
/30/31/32/33/34/35/i255/36/37/36/36/i255
/i255
/i255
/38/39/40/i255/42/43/44/45/46/47/48/45/43/46/i255/47/44/49/i255/50/46/47/44/45/51/51/i255/42/43/52/53/54/55/47/44/48/51/i255/56/55/45/57/i255/39/48/43/44/43/52/55/48/i255/58/47/44/48/45/55/43/44/59/i255/60/52/53/43/59/51/49/i255/55/44/i255 /38/51/59/53/43/44/59/51/i255/45/43/i255/38/61/59/59/55/47/62/59/i255/63/48/45/55/43/44/59/i255/55/44/i255/64/65/46/47/55/44/51/i255 /i255
/66/67/68/32/i255/69/67/70/71/72/32/73/i255
/i255
/74/70/i255/75/68/32/76/77/i255/78/35/i255/36/37/36/36/35/i255/79/72/80/67/32/70/72/32/i255/79/68/80/33/70/i255/81/67/82/83/72/84/i255/33/83/83/85/67/71/i255/86/87/67/76/85/88/33/80/67/i255/74/32/71/67/32/i255/81/89/90/89/36/36/i255/91/86/74/92/i255 /32/67/93/68/32/71/33/70/93/i255/83/68/70/76/88/33/72/70/83/i255/33/70/i255/32/67/83/31/72/70/83/67/i255/88/72/i255/94/85/83/83/33/68/70/i255/68/93/93/32/67/83/83/33/72/70/i255/33/70/i255/95/96/32/68/33/70/67/97/i255/98/77/67/i255/86/74/i255/33/83/i255/34/72/76/68/88/67/71/i255/68/88/i255 /77/88/88/31/83/73/99/99/82/82/82/97/93/72/80/97/76/68/97/93/72/80/99/82/31/89/76/72/70/88/67/70/88/99/85/31/34/72/68/71/83/99/36/37/36/36/99/37/100/99/100/97/78/97/36/36/89/94/85/83/83/33/68/89/95/96/32/68/33/70/67/89/86/87/67/76/85/88/33/80/67/89/i255 /74/32/71/67/32/97/31/71/101/97/i255
/i255
/98/77/67/i255/86/74/i255/71/33/32/67/76/88/83/i255/68/34/34/i255/68/93/67/70/76/33/67/83/i255/68/70/71/i255/71/67/31/68/32/88/84/67/70/88/83/i255/88/77/68/88/i255/68/32/67/i255/83/85/102/103/67/76/88/i255/88/72/i255/88/77/67/i255/79/72/80/67/32/70/72/32/104/83/i255/68/85/88/77/72/32/33/88/105/i255 /88/72/i255/88/68/96/67/i255/76/67/32/88/68/33/70/i255/33/84/84/67/71/33/68/88/67/i255/83/88/67/31/83/35/i255/33/70/76/34/85/71/33/70/93/i255/70/72/88/33/101/105/33/70/93/i255/68/34/34/i255/76/72/70/88/32/68/76/88/72/32/83/i255/68/70/71/i255/93/32/68/70/88/67/67/83/i255/72/101/i255/88/77/67/33/32/i255 /72/102/34/33/93/68/88/33/72/70/83/i255/88/72/i255/76/72/84/31/34/105/i255/82/33/88/77/i255/67/87/33/83/88/33/70/93/i255/67/76/72/70/72/84/33/76/i255/83/68/70/76/88/33/72/70/83/i255/33/84/31/72/83/67/71/i255/102/105/i255/88/77/67/i255/95/97/106/97/i255/93/72/80/67/32/70/84/67/70/88/i255/33/70/i255 /32/67/83/31/72/70/83/67/i255/88/72/i255/94/85/83/83/33/68/107/83/i255/68/76/88/33/72/70/83/i255/33/70/i255/95/96/32/68/33/70/67/35/i255/68/83/i255/82/67/34/34/i255/68/83/i255/68/70/105/i255/83/68/70/76/88/33/72/70/83/i255/33/84/31/72/83/67/71/i255/85/70/71/67/32/i255/83/88/68/88/67/i255 /34/68/82/97/i255
/i255
/98/77/33/83/i255/76/72/32/32/67/83/31/72/70/71/67/70/76/67/i255/83/67/32/80/67/83/i255/68/83/i255/68/i255/70/72/88/33/76/67/i255/85/70/71/67/32/i255/88/77/67/i255/86/74/i255/88/77/68/88/i255/68/83/i255/68/i255/76/72/70/88/32/68/76/88/72/32/i255/72/32/i255/93/32/68/70/88/67/67/35/i255 /76/72/84/31/34/33/68/70/76/67/i255/82/33/88/77/i255/88/77/67/i255/67/76/72/70/72/84/33/76/i255/83/68/70/76/88/33/72/70/83/i255/33/84/31/72/83/67/71/i255/33/70/i255/32/67/83/31/72/70/83/67/i255/88/72/i255/94/85/83/83/33/68/104/83/i255/68/76/88/33/72/70/83/i255/33/70/i255 /95/96/32/68/33/70/67/i255/33/83/i255/32/67/108/85/33/32/67/71/35/i255/33/70/76/34/85/71/33/70/93/i255/82/33/88/77/i255/32/67/83/31/67/76/88/i255/88/72/35/i255/102/85/88/i255/70/72/88/i255/34/33/84/33/88/67/71/i255/88/72/35/i255/88/77/67/i255/101/67/71/67/32/68/34/i255/67/87/67/76/85/88/33/80/67/i255 /72/32/71/67/32/83/i255/33/71/67/70/88/33/101/33/67/71/i255/33/70/i255/88/77/67/i255/86/74/i255/68/70/71/i255/88/77/67/i255/83/68/70/76/88/33/72/70/83/i255/33/71/67/70/88/33/101/33/67/71/i255/72/70/i255/88/77/67/i255/95/97/106/97/i255/66/67/31/68/32/88/84/67/70/88/i255/72/101/i255/88/77/67/i255 /98/32/67/68/83/85/32/105/i255/82/67/102/83/33/88/67/i255/91/77/88/88/31/83/73/99/99/77/72/84/67/97/88/32/67/68/83/85/32/105/97/93/72/80/99/31/72/34/33/76/105/89/33/83/83/85/67/83/99/101/33/70/68/70/76/33/68/34/89/83/68/70/76/88/33/72/70/83/99/83/68/70/76/88/33/72/70/83/89/i255 /31/32/72/93/32/68/84/83/89/68/70/71/89/76/72/85/70/88/32/105/89/33/70/101/72/32/84/68/88/33/72/70/99/85/96/32/68/33/70/67/89/32/85/83/83/33/68/89/32/67/34/68/88/67/71/89/83/68/70/76/88/33/72/70/83/92/97/i255/109/68/33/34/85/32/67/i255/88/72/i255/76/72/84/31/34/105/i255 /84/68/105/i255/32/67/83/85/34/88/i255/33/70/i255/88/77/67/i255/88/67/32/84/33/70/68/88/33/72/70/i255/72/101/i255/76/72/70/88/32/68/76/88/83/i255/72/32/i255/93/32/68/70/88/83/35/i255/68/83/i255/68/31/31/34/33/76/68/102/34/67/97/i255 /i255
/110/34/67/68/83/67/i255/70/72/88/67/i255/88/77/68/88/i255/101/72/32/i255/68/70/105/i255/68/93/32/67/67/84/67/70/88/83/i255/72/32/i255/93/32/68/70/88/83/i255/80/68/34/85/67/71/i255/68/88/i255/111/112/i255/84/33/34/34/33/72/70/i255/72/32/i255/84/72/32/67/i255/105/72/85/i255/84/85/83/88/i255 /32/67/31/72/32/88/i255/88/72/i255/88/77/67/i255/113/33/88/105/i255/72/101/i255/94/72/83/67/80/33/34/34/67/i255/105/72/85/32/i255/76/72/84/31/34/33/68/70/76/67/i255/82/33/88/77/i255/67/76/72/70/72/84/33/76/i255/83/68/70/76/88/33/72/70/83/i255/33/70/76/34/85/71/33/70/93/i255/83/88/67/31/83/i255 /105/72/85/i255/77/68/80/67/i255/88/68/96/67/70/i255/33/70/i255/32/67/83/31/72/70/83/67/i255/88/72/i255/94/85/83/83/33/68/107/83/i255/68/76/88/33/72/70/83/i255/33/70/i255/95/96/32/68/33/70/67/35/i255/33/70/76/34/85/71/33/70/93/35/i255/102/85/88/i255/70/72/88/i255/34/33/84/33/88/67/71/i255/88/72/35/i255 /71/67/83/33/83/88/33/70/93/i255/101/32/72/84/i255/84/68/96/33/70/93/i255/70/67/82/i255/33/70/80/67/83/88/84/67/70/88/83/i255/33/70/35/i255/72/32/i255/67/70/93/68/93/33/70/93/i255/33/70/i255/101/33/70/68/70/76/33/68/34/i255/88/32/68/70/83/68/76/88/33/72/70/83/i255/82/33/88/77/35/i255 /94/85/83/83/33/68/70/i255/67/70/88/33/88/33/67/83/35/i255/70/72/88/i255/88/32/68/70/83/101/67/32/32/33/70/93/i255/88/67/76/77/70/72/34/72/93/105/i255/88/72/i255/94/85/83/83/33/68/i255/72/32/i255/94/85/83/83/33/68/70/i255/67/70/88/33/88/33/67/83/35/i255/68/70/71/i255/71/33/32/67/76/88/34/105/i255 /31/32/72/80/33/71/33/70/93/i255/83/85/31/31/72/32/88/i255/88/72/i255/88/77/67/i255/93/72/80/67/32/70/84/67/70/88/i255/68/70/71/i255/31/67/72/31/34/67/i255/72/101/i255/95/96/32/68/33/70/67/97/i255 /i255
/106/33/70/76/67/32/67/34/105/35/i255
/i255
/i255
/78/99/36/112/99/36/37/36/36/i255
/i255
/106/77/68/70/70/72/70/i255/114/33/67/83/88/i255/i255
/113/33/88/105/i255/72/101/i255/94/72/83/67/80/33/34/34/67/i255 /110/85/32/76/77/68/83/33/70/93/i255/68/70/71/i255/114/68/32/67/77/72/85/83/67/i255/75/68/70/68/93/67/32/i255 Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0

1 SIXTY SEVEN SOLUTIONS
6940 COUNTRY CT, GRANITE BAY, CA 95746
(916) 539-0865

CITY OF ROSEVILLE EAM SUPPORT
Scope of Services
Provide operational support, administration and implementations of the city’s Enterprise Asset Management systems as directed by the City of Roseville (COR) Enterprise Asset Management Project Management Team (PM Team) for the term of October 1st, 2024 to September 30th, 2025. Systems are defined as all production and non-production hosted and maintained within the city’s IT network infrastructure. Specific scope as follows:

1. EAM Support:
a. Conversion of data from legacy EAM systems to the city’s current Maximo EAM system. b. Development of interfaces, analytical reports, and alike technology, within the EAM to support the city’s business requirements.
c. Development of customization and configurations within the city’s EAM in support of migrating the city’s business within the Maximo EAM system.
d. Provide technical assistance to the PM Team with system migrations, data loading, upgrades and documentation of the city’s Maximo EAM.
e. Evaluate, provide recommendations, and implement IBM Fix Packs, Interim Fixes and upgrades to existing Maximo Add- ons.
f. Evaluate, provide recommendations, draft documentation and implement changes to improve system performance and align with Maximo system infrastructure best practices. g. Evaluate, provide recommendations, draft documentation and implement other Maximo related development efforts as directed by the PM Team.
h. Provide Maximo production support assistance as needed.

Compensation
Sixty Seven Solutions, Inc. will be compensated at a rate of $128 per labor hour. EAM Support not to exceed 1953 hours or $250,000 in invoiced hours. An invoice of services will submitted by Sixty Seven Solutions for the prior month’s services. Payment of services will be due within 30 calendar days of the invoice date.

Docusign Envelope ID: 8A91E9AE-AB58-49B7-AEB9-AAC7A2A40CB0

COUNCIL COMMUNICATION
CC #:
3525
File #:
0800-03
Title:

Advanced Metering Infrastructure Meters - Sole Source Purchase Order Contact:

Tom Pontes 916-774-5550 [email protected]

Meeting Date: 9/4/2024
Item #: 6.4.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve a sole source purchase order with Itron, Inc. to provide AMI meters for Roseville Electric Utility.

BACKGROUND
Roseville Electric Utility (REU) is committed to providing efficient and reliable service to our customers.

A key component of this commitment is the standardization of our residential and commercial electric Advanced Metering Infrastructure (AMI) meters with Itron.

Following a
thorough selection process,

REU chose Itron as the sole distributor for electric AMI meters.

These meters require specific programming for different customer load types, and this programming relies on proprietary Itron software that REU currently operates.

The advantage of Itron's solution goes beyond standardization.

Their meters and AMI network
equipment are custom-built for Roseville Electric Utility, ensuring seamless compatibility with our existing infrastructure. This includes our headend data collection system, Meter Data Management (MDM), Customer Information System (CIS), and Billing systems. This compatibility translates into streamlined operations and, ultimately, better service for our customers.

By continuing our
standardization with Itron, we ensure ongoing operational efficiency and a reliable foundation for future advancements in our metering system.

FISCAL IMPACT
Funding is included in the Electric Department's FY2024-25 budget in the Electric Fund, and costs will not exceed
$555,773.75.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonable foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Status §21065 and CEQA State Guidelines §15060(c) (3) and §15378. Approval of a purchase order meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth Goal E - Deliver exceptional city services

Respectfully Submitted,
Tom Pontes, Assistant Electric Utility Director
Dan Beans, Electric Utility Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Itron Quote

COUNCIL COMMUNICATION
CC #:
3527
File #:
0600-01
Title:

Roseville Firefighters', Local 1592, and the International Brotherhood of Electrical Workers, Local 1245 - Side Letter Agreements
Contact:

Stacey Peterson 916-774-5374 [email protected]

Meeting Date: 9/4/2024
Item #: 6.5.

RECOMMENDATION TO COUNCIL
It is recommended that the City Council adopt resolutions to authorize the City Manager to approve the attached side letter agreements relating to the current memorandum of understandings (MOUs) with Roseville Firefighters, Local 1592, (RFF) and the International Brotherhood of Electrical Workers, Local 1245 (IBEW), to add an additional $80 monthly Flex Credit for employees who elect an Employee Plus One Dependent (“EE+1”) medical plans and $75 monthly flex credit for Employee Plus Family (“Family) medical plans.

BACKGROUND
CalPERS Medical Plan Increases for 2025 and Recommended Changes to the City Flex Credit Contribution

The CalPERS medical plan premiums for the 2025 plan year are increasing significantly. The City concluded bargaining for four-year successor memorandum of understandings with the Roseville
Firefighters, Local 1592, (RFF) and International Brotherhood of Electrical Workers, Local 1245 (IBEW), in the fall of 2021,
and at that time it was not possible to anticipate such continued significant premium increases with the negotiated City contributions. Below is a table comparing the medical plan rates for 2024 to the increased rates for 2025:

2024
2025
Medical
Plan
Employee
Only
Employee
+ 1
Employee
+ Family
Employee
Only
Employee
+ 1
Employee
+ Family
ADDED
Monthly
Cost for
Employee
+ Family
Anthem
HMO
Select
$1,138.86
$2,277.72
$2,961.04
$1,256.65
$2,513.30
$3,267.29
$306.25
Anthem
HMO
Traditional
$1,339.70
$2,679.40
$3,483.22
$1,500.40
$3,000.80
$3,901.04
$417.82
Blue
Blue
Shield –
Access+
$1,076.84
$2,153.68
$2,799.78
$1,170.17
$2,340.34
$3,042.44
$242.66
Blue
Shield -
TRIO
$946.84
$1,893.68
$2,461.78
$1,134.79
$2,269.58
$2,950.45
$488.67
Kaiser
$1,021.41
$2,042.82
$2,655.67
$1,112.90
$2,225.80
$2,893.54
$237.87
United
Healthcare
$1,091.13
$2,182.26
$2,836.94
$1,184.58
$2,369.16
$3,079.91
$242.97
Western
Health
Advantage
$807.23
$1,614.46
$2,098.80
$914.27
$1,828.54
$2,377.10
$278.30
PERS
Platinum
$1,314.27
$2,628.54
$3,417.10
$1,476.10
$2,952.20
$3,837.86
$420.76
PERS
Gold
$914.82
$1,829.64
$2,378.53
$1,013.70
$2,027.40
$2,635.62
$257.09
PORAC
(RFF
Only)
$931.00
$2,117.00
$2,651.00
$975.00
$2,218.00
$2,777.00
$126.00

Human Resources staff analyzed the impacts of the CalPERS rate increases for employees. For the 2024 plan year, the majority (i.e., 53.85%) of City employees are enrolled in the Kaiser medical plan, which will experience an 8.96% rate increase for 2025. This equates to an additional premium cost increase per month to the employee of $182.98 for Employee Plus One Dependent and $237.87 for Employee Plus Family. Without the recommended increases, the employees enrolled in the family level Kaiser plan, dental and vision, will pay $742 out-of-pocket (i.e., an additional $163/mo in 2025, as there is a $75 flex credit increase in the MOUs for January 2025), which would put the City contribution covering approximately 76% of the cost for family level Kaiser, dental and vision premiums. For newer employees, this is in addition to the increases to the Retiree Health Savings Account which starts at 1% in year one and the required employee contribution continues to increase by 1% each year until they contribute 5% each year thereafter. Besides considering the impact to employees, many of our comparable agencies also benchmark to Kaiser and are increasing contributions to offset the Kaiser increases, so it is important to help the City stay competitive for recruitment and retention, as there is a higher cost to turnover in these labor groups.

As such, staff recommends Council authorize the City Manager to sign the attached signed side letter agreements with RFF and IBEW to increase the Flex Credit benefit as follows:

Flex Credit
Employee
Only
Employee Plus
One
Employee Plus
Family
MOU Increase for Jan
2025
No change
+$45/month
+$75/month
Recommended Flex
Credit Increase
No change
+$80/month
+$75/month
Total Flex Credit Increase
to be effective for 2025
No change
+$125/month
+$150/month

It is recommended that this Flex Credit increase be continued through the term of the RFF and IBEW contracts to continue to offset the ongoing medical plan cost increases.

FISCAL IMPACT
For the increase to the City contribution to the Flex Credit, there is an estimated fiscal impact of For the increase to the City contribution to the Flex Credit, there is an estimated fiscal impact of $36,210 to the General Fund for the six months remaining in FY2024-25, which would be covered by the contingency budget, and an estimated $59,430 impact to the utility funds, which will be covered by their existing budgets.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of bargaining unit side letter agreements meets the above criteria, and therefore is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services

Respectfully Submitted,
Stacey Peterson, Human Resources Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-317
RFF Side Letter - Flex Credit Increase
Resolution 24-318
IBEW Side Letter - Flex Credit Increase
RESOLUTION NO. 24-317

APPROVING A SIDE LETTER AGREEMENT TO THE MEMORANDUM OF

UNDERSTANDING FOR EMPLOYEES REPRESENTED BY ROSEVILLE FIREFIGHTERS, LOCAL 1592, AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a Side Letter Agreement to the Memorandum of Understanding for Employees Represented by Roseville Firefighters, Local 1592, related to a revised monthly Flex Credit benefit, has been reviewed by the City Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Side Letter Agreement to the Master Memorandum of Understanding is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville; and administer, interpret, and apply its terms, intent, and spirit, and execute any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.

PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES COUNCIL MEMBER:

NOES COUNCIL MEMBER:

ABSENT COUNCIL MEMBER:

Mayor

ATTEST:

City Clerk
RESOLUTION NO. 24-318

APPROVING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING FOR

EMPLOYEES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a side letter to the Memorandum of Understanding for Employees Represented by the International Brotherhood of Electrical Workers, Local 1245, related to a revised monthly Flex Credit benefit, has been reviewed by the City Council;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Side Letter Agreement to the Master Memorandum of Understanding is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville; and administer, interpret, and apply its terms, intent, and spirit, and execute any other documents necessary to effectuate the purposes hereof as determined necessary by the City Manager.

PASSED AND ADOPTED by the City Council of the City of Roseville this day of , 2024, by the following vote on roll call:

AYES COUNCIL MEMBER:

NOES COUNCIL MEMBER:

ABSENT COUNCIL MEMBER:

Mayor

ATTEST:

City Clerk

COUNCIL COMMUNICATION
CC #:
3519
File #:
0900-04 & 0214
Title:
2024 Solutions for Congested Corridors Program Grant Application - Letter of Agreement
Contact:

Ed Scofield 916-774-5449 [email protected]

Meeting Date: 9/4/2024
Item #: 6.6.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a Letter of Agreement with the City of Rocklin for the preparation of a Solutions for Congested Corridors Program (SCCP) grant application, and authorize the City Manager to execute it on behalf of the City of Roseville.

BACKGROUND
The City of Rocklin has partnered with the Placer County Transportation Planning Agency (PCTPA) to prepare and submit a grant application on behalf of six agencies in the Placer and Sacramento region for the 2024 Solutions for Congested Corridors Program (SCCP). The SCCP is a statewide, competitive grant program that provides funding to achieve a balanced set of transportation, environmental, and community access improvements to reduce congestion throughout the state. The SCCP makes $250 million available annually to projects that implement specific transportation performance improvements.

Roseville is currently one of the agencies working with Rocklin and PCTPA on this application.

Roseville will be seeking $2 million in funding for the future Dry Creek Greenway East Phase 2 project that is currently under design.

Rocklin has taken the lead in hiring a consultant (Jacobs Engineering) to develop and submit the grant application. The application process will take a significant amount of time and effort to complete. Rocklin is asking participating agencies to contribute $20,000 each, which represents the total costs to facilitate all elements of the grant application divided equally by the number of agencies that have a project in the grant. The cost includes Jacobs Engineering consultant services, PCTPA staff administration, and Rocklin staff time to facilitate all elements of the grant application.

FISCAL IMPACT
The cost for this agreement is $20,000 with a potential benefit to the City of $2,000,000 in grant funds. Local Transportation Funds will be used to pay for the agreement. No General Fund resources will be used.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. This Letter of Agreement meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Ed Scofield, Alternative Transportation Manager
Jason Shykowski, Public Works Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-313
Rocklin Cost Agreement Signed
RESOLUTION NO. 24-313

APPROVING A LETTER OF AGREEMENT, BY AND BETWEEN THE CITY OF ROCKLIN

AND THE CITY OF ROSEVILLE, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, the City of Rocklin has partnered with the Placer County Transportation Planning Agency (PCTPA) to prepare and submit a grant application for the 2024 Solutions for Congested Corridors Program (SCCP); and

WHEREAS, for agencies who have a project included in the grant application, the City will front consultant and PCTPA expenses associated with preparing the grant application; and

WHEREAS, Roseville will be seeking $2 million in funding for the future Dry Creek Greenway East Phase 2 project that is currently under design; and

WHEREAS, a Letter of Agreement for the preparation of an SCCP grant application, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Letter of Agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

______________________________
MAYOR

ATTEST:

________________________

August 9, 2024

Dominick Casey, City Manager
City of Roseville
311 Vernon Street
Roseville, CA 95678

Re: Funding Letter for the 2024 Solutions for Congested Corridors Grant Application

Dear Mr. Casey,

The City of Rocklin has partnered with the Placer County Transportation Planning Agency (PCTPA) to prepare and submit a grant application for the 2024 Solutions for Congested Corridors Program (SCCP). For agencies who have a project included in the grant application, the City will front consultant and PCTPA expenses associated with preparing the grant application. As such, this letter, when countersigned, authorizes reimbursement by the City of Roseville for work performed and/or paid for by the City of Rocklin.

1. Agreement: This Letter of Agreement is the statement of contract specific requirements applicable to the work effort to be undertaken by the City of Rocklin and its consultant to develop the 2024 Solutions for Congested Corridors grant application.

2. Scope of Services: City of Rocklin will coordinate the efforts amongst the Participating Agencies and its consultant to develop the grant application to be submitted to the State of California.

3. Cost: The cost to Participating Agencies for this work is $20 ,000 each, which represents the total costs to facilitate all elements of the grant application divided equally by the number of agencies that have a project in the grant. The cost includes Jacobs Engineering consultant services , PCTPA staff administration , an d Rocklin staff to facilitate all elements of the grant application.

4. Term: City of Rocklin services will commence July 1, 2024. This contract shall end on December 31, 2025. Extensions to this contract may be made with the agreement of all Participating Agencies.

5. Personnel: City of Rocklin will provide its own personnel, including consultant services, to develop the grant application.

Proposed Fee - 2024 SCCP Grant Application
Placer-Sacramento Gateway Plan
Role Staff Rate Hours Total Cos t
Project Manager Luke McNeel-Caird 237 $ 40 9,482 $ Grant Advisor Charu Kukreja 196 $ 40 7,829 $
Grants Lead Brian Pec k 111$ 150 16,718 $
Economist B/C Analysis Christopher Wilhelm 130 $ 80 10,404 $ Supporting Grant Writer Joan Lee 100 $ 175 17,500 $ Supporting Grant Writer Peter Schleisman 79 $ 200 15,800 $ Graphics Christine Bolton 85 $ 30 2,558 $
Editor/Word Processing Rick Thorton 119 $ 20 2,379 $ 735 80,290$ Total
PCTPA Staff 24/25 RatesHours
per Week
Total
WeeksTotal Hours Total Cost
Melko $145.19 4.0 40 160 23,230.40$
Carter $165.37 0.5 40 20 3,307.40$
Click $193.19 0.25 40 10 1,931.90$
Sabol $145.51 0.25 40 10 1,455.10$
LaCosse $133.61 0.25 40 10 1,336.10$
Totals 210 31,260.90$
$32,000.00

6.26.24 PCTPA Estimate
Solutions for Congested Corridors Cycle 4 Grant Application (PCTPA staff costs to be funded by City of Rocklin)
Work spans FY 23/24 (4 months begins March 2024) and FY 24/25 (5.1 months to 1st week of December 2024)
Source: 24/25 rates per Final FY 24/25 OWP/Budget, June 2024.

COUNCIL COMMUNICATION
CC #:
3520
File #:
0721-01
Title:

Western Placer Consolidated Transportation Service Agency - Agreement Amendments
Contact:

Ed Scofield 916-774-5449 [email protected]

Meeting Date: 9/4/2024
Item #: 6.7.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a one-year extension for the Agreement between the City of Roseville and the Western Placer Consolidated Transportation Service Agency to administer the South Placer Transit Information Center and to administer the South Placer Transportation Mobility Training Program. In addition, staff requests authority for the City Manager to execute the second, optional one-year renewal for FY2025-26 upon mutual agreement by both agencies, without further council approval.

BACKGROUND
On July 21, 2021, the City Council adopted a resolution authorizing the City Manager to execute Agreements between the Western Placer Consolidated Transportation Services Agency (WPCTSA) and the City of Roseville for the South Placer Transit Information Center, Mobility Training Program, and the Transit Ambassador Program. Per the Agreement, Roseville would operate these three programs, while WPCTSA would provide the funding.

In 2023, WPCTSA and City staff agreed to combine the Transit Ambassador Program with the Mobility Training Program, so going forward, only the Call Center and Transit Ambassador Program Agreements need to be extended. The current Agreements expired on June 30, 2024, however, the Agreements allowed for two additional option years if both parties agreed in writing.

Staff is requesting authorization for the City Manager to extend the existing Agreements between Roseville and WPCTSA for FY2024-25. Also, if both parties agree to exercise the second one- year option, staff is seeking authorization for the City Manager to extend the Agreements through FY2025-26. WPCTSA has already approved its FY 2024-25 budget, which fully funds these Agreements.

FISCAL IMPACT
Due to the reimbursement nature of this agreement, there is no fiscal impact for the City of Roseville. The Placer County Transportation Planning Agency (PCTPA) has approved the WPCTSA budget for the FY2024-25 extension. Actual costs running the programs will be fully reimbursed for the duration of the Agreements.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of Agreement amendments meet the above criteria and are not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services

Respectfully Submitted,
Ed Scofield, Alternative Transportation Manager
Jason Shykowski, Public Works Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-314
Mobility Training Extension Signed
Call Center Extension Signed
RESOLUTION NO. 24-314

APPROVING AGREEMENT AMENDMENTS, BY AND BETWEEN THE CITY OF

ROSEVILLE AND THE WESTERN PLACER CONSOLIDATED TRANSPORTATION

SERVICES AGENCY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THEM

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, pursuant to California Government Code Section 67910, the Placer County Transportation Planning Agency (PCTPA) was created as a local area planning agency to provide regional transportation planning for the area of Placer County, exclusive of the Lake Tahoe Basin; and

WHEREAS, one of the key responsibilities for a local area planning agency is to designate a Consolidated Transportation Services Agency (CTSA); and

WHEREAS, the Western Placer Consolidated Transportation Services Agency (WPCTSA) is a joint powers agency created on October 13, 2008 by Placer County, the cities of Auburn, Colfax, Lincoln, Rocklin, Roseville, and the town of Loomis; and

WHEREAS, on July 21, 2021, the City Council approved three agreements with Western Placer Consolidated Transportation Service Agency for three transit programs for a three-year term: 1) the South Placer Transit Information Call Center; 2) the South Placer Transportation Mobility Training Program; and 3) the South Placer Transportation Transit Ambassador Program; and

WHEREAS, on June 8, 2023, a Letter of Clarification was executed to combine the Agreements for the Transit Ambassador Program and the Mobility Training Program; and

WHEREAS, staff would like to extend the remaining two Agreements for additional one- year terms, and if mutually agreed upon by both parties, also extend the Agreements for their final one-year term; and

WHEREAS, the Agreement Amendments between the City of Roseville and the Western Placer Consolidated Transportation Services Agency regarding the South Placer Transit Information Call Center as well as the South Placer Transportation Mobility Training Program, have been reviewed by City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreement amendments are hereby approved and that the City Manager is authorized to execute them and all related forms on behalf of the City of Roseville.

BE IT FURTHER RESOLVED that if mutually agreed upon by both parties, the final one-year term of the Agreements are hereby approved and the City Manager is authorized to execute them and all related forms on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 20__, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

______________________________
MAYOR
ATTEST:

________________________
City Clerk

EXHIBIT A

COUNCIL COMMUNICATION
CC #:
3513
File #:
0800-02
Title:

Comprehensive Solid Waste Management Software – Professional Services Agreement
Contact:

Michelle White 916-774-5774 [email protected]

Meeting Date: 9/4/2024
Item #: 6.8.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution to approve a professional services agreement with E Source Companies, LLC (E Source) for the Evaluation and Procurement of a Comprehensive Solid Waste Management Software and authorize the City Manager to execute the agreement on behalf of the City.

BACKGROUND
Over the past decade, the solid waste industry has seen a rapid influx of new regulations. These regulations encompass various waste diversion initiatives such as mandatory commercial recycling, mandatory organics recycling, and the recent SB 1383 organics diversion. In addition, the City's Waste Services utility has expanded programs like household hazardous waste doorstep collection, which benefits the community and helps protect human health and the environment. These programs require rigorous record-keeping and data management for regulatory compliance, underscoring the need for a comprehensive software solution to effectively manage programs and operations.

Implementing the aforementioned regulations and associated programs has illuminated the constraints inherent in reliance on manual paperwork and spreadsheets for tracking and oversight.

Meeting the stringent reporting requirements linked to these initiatives has become increasingly challenging, particularly given the existing systems' lack of customization for CalRecycle reporting.

Consequently, it has become imperative to acquire a more adaptable and robust software solution to confront these emerging challenges, streamline the various processes involved, and effectively meet the evolving operational needs of the City.

The City currently depends on multiple software solutions to manage critical functions such as work orders, route planning, customer service, enforcement, tracking, and legislative reporting.

While staff has managed to adapt the existing setup to handle most work order needs through existing systems, there is an urgent need for a more holistic system that reduces redundancies and increases efficiencies through automation. Given the complexity and variety of software and the need for integration with existing City systems, the City solicited third-party expertise through a Request for Proposal (RFP) process.

On May 1, 2024, the City issued RFP #08-131 for the Evaluation and Procurement of a Comprehensive Solid Waste Management Software based upon the need to more effectively manage Waste Services operations, improve data management and record-keeping for regulatory compliance, and ensure the most appropriate solid waste management software solution is identified.

The City received two (2) responses to the solid waste management software RFP by the June 5, 2024, deadline. A committee of staff members from Environmental Utilities Waste Services and Information Technology (IT) conducted a comprehensive review of the proposals. As a result, staff selected E Source as the most qualified and knowledgeable entity for the City's Task 1 (Phase 1) Evaluation. E Source met all the RFP requirements and will provide the City with timely submission of deliverables, including conducting interviews and workshops to develop the Program Goals, a Gap Analysis, and a Current State Impact Assessment. Ultimately, E Source will provide their detailed findings and recommendations for a software solution. If subsequent phases (Task 2 & 3) are necessary, they will be presented to Council in a future agreement and budget.

FISCAL IMPACT
The Phase 1 contract amount of $86,360 is budgeted in the Waste Services Operations Fund for the current fiscal year. Funding is included in the FY2024-25 Waste Services Operations Fund budget.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines §15061(b)(3)).

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Michelle White, Environmental Utilities Compliance Administrator Richard Plecker, Environmental Utilities Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-308
RFP08-131 PSA Signed
RESOLUTION NO. 24-308

APPROVING A PROFESSIONAL SERVICES AGREEMENT, BY AND BETWEEN THE

CITY OF ROSEVILLE AND E SOURCE COMPANIES, LLC, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, a professional services agreement for Evaluation and Procurement of a Comprehensive Solid Waste Management Software, by and between the City of Roseville and E Source Companies, LLC, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said professional services agreement is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

______________________________
MAYOR

ATTEST:

________________________
City Clerk

Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E

PROFESSIONAL SERVICES AGREEMENT
Evaluation and Procurement of a Comprehensive Solid Waste Management Software THIS AGREEMENT is made and entered into this_ day of _____ __ , 20_, by and between the City of Roseville, a municipal corporation ("CITY"), and E Source Companies, LLC, a Delaware limited liability company ("CONSULT ANT"); and W IT NE S S E TH:

WHEREAS, CITY des.ires professional services consisting of Evaluation and Procurement of a Comprehensive Solid Waste Management Software; and WHEREAS, CONSULTANT has prepared a proposal dated June 05, 2024, which describes the scope of work to be performed by CONSULTANT, the budget for the work, and the schedule for performance of the work; and
WHEREAS, CONSULT ANT is qualified and experienced to provide such professional services.

NOW, THEREFORE, the parties agree as follows:

1. Services. CONSULTANT shall perform, at the direction of CITY, the scope of services as described in EXHIBIT "A," attached hereto and incorporated herein by this reference.

2. Compensation. For its services provided hereunder, CONSULTANT shall be compensated on a time and expense basis in accordance with the budget estimate as described in [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359.DOCX;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E EXHIBIT "B," attached hereto and incorporated herein by this reference. Total compensation shall not exceed eighty-six thousand, three hundred sixty dollars ($86,360).

CONSULT ANT shall submit one monthly invoice for its services. Such invoices shall be delineated by task, the person performing the services, and the hourly rate, which shall be stated in time increments of not greater than one tenth (1/10) hours. CITY shall pay invoices within thirty (30) days after receipt, if the services specified in the invoice have been satisfactorily completed.

3. Indemnification. To the fullest extent allowed by law, CONSUL TANT shall defend, indemnify, and save and hold harmless CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of CONSULT ANT's willful misconduct or negligent act or omission while engaged in the performance of obligations or exercise of rights created by this Agreement, except those matters arising from CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

CONSULT ANT agrees to defend and indemnify CITY if, despite the parties intent and practice, any venue, agency, or court with competent jurisdiction determines that CONSULT ANT and/or any of its agents, officers, employees, volunteers, independent contractors, or subcontractors, are characterized as employee(s) of CITY.

CONSULTANT's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by 2 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 15\P005\00088359.DOCX;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

4. Insurance. CONSULTANT agrees to continuously maintain, in full force and effect, the following minimum policies of insurance during the term of this Agreement.

COVERAGE
Workers' Compensation
Commercial General Liability
Automobile Liability
Professional Liability ( errors and
omissions)

LIMITS OF LIABILITY
Statutory
$1,000,000 each occurrence
$2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 combined single limit
$1,000,000 per claim
$2,000,000 aggregate
a. Form. CONSULTANT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. CONSULT ANT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers' Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of CONSULTANT. The additional insured coverage under the CONSULTANT's policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from CITY's insurance or self-insurance. In addition, the 3 [\\Rosenet\rosenetdfs\CITY A TTORNEY\CYCOM\ WPDOCS\D0 15\P005\00088359.DOCX;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E additional insured coverage shall be at least as broad as the Insurance Services Office ("ISO") CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be: (I) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater. c. Cancellation/Modification. CONSULT ANT shall provide ten (I 0) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY' s own insurance shall be called upon to protect it as a named insured. e. Subcontractors. CONSULT ANT agrees to include in its contracts with all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor's work.

Furthermore, CONSUL TANT shall require its subcontractors to agree to be bound to CONSULT ANT and CITY in the same manner and to the same extent as CONSULT ANT is bound to CITY under this Agreement. Additionally, CONSULT ANT shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of CITY's indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.
4 (\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 15\P005\00088359.DOCX ;07 /l 5/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E f. Self-Insured Retentions. All self-insured retentions ("SIR") must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.
g. Waiver of Subrogation. CONSULT ANT hereby agrees to waive subrogation which any insurer of CONSULT ANT may acquire from CONSULT ANT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by CONSUL TANT, its employees, agents and subcontractors.
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSUL TANT of liability in excess of such coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provisions of this Agreement or law.

5. Records. CONSULT ANT and its subcontractors shall maintain all files and records relating to the services performed hereunder during the term of this Agreement and for a period of not less than one (1) year after the date of termination or expiration. Provided, however, that in the event of litigation or settlement of claims arising from the performance of this Agreement, CONSULT ANT and its subcontractors shall maintain all files and records until such litigation, appeals or claims are resolved. Duly authorized representatives of CITY shall 5 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359 .DOCX ;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E have right of access during normal business hours and after reasonable notice to CONSULT ANT' s and subcontractors' files and records relating to the services performed hereunder and may review and copy the files and records at appropriate stages during performance of the services and during the one (1) year period following termination or expiration of this Agreement. CONSULT ANT shall include this provision in its contracts with all subcontractors.

6. Time is of the Essence. Time is of the essence of this Agreement.

7. Prevailing Wages. When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable prevailing wage laws, e.g., but not limited to, California Labor Code Sections 1770 et seq. In accordance with said Section 1775, CONSULTANT shall forfeit as a penalty to the City two hundred dollars ($200) for each calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done on-site under the Agreement by CONSULT ANT or by any subcontractor in yiolation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage shall be paid to each worker by CONSULT ANT or the applicable subcontractor.

Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining 6 [\\Rosenet\rosenetdfs\ CITY ATTORNEY\CYCOM\ WPDOCS\O015\P00S\00088359 .DOCX ;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPre WageDetermination.htm.

Pursuant to Labor Code Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSUL TANT at a prominent place at the work site. Prevailing wage rates to be posted at the work site will be furnished by the contracting department. The possibility of wage increases is one of the elements to be considered by CONSULT ANT in determining its proposal and will not under any circumstances be considered as the basis of a claim against CITY or the Agreement.

8. Compliance with Laws. CONSULT ANT shall comply with all federal, state and local laws, ordinances and policies as may be applicable to the performance of services under this Agreement.

9. Ability to Perform. CONSULT ANT agrees and represents that it has the time, ability and professional expertise to perform the services required under this Agreement.

10. Public Contracts: Conflicts of Interest. CONSULT ANT' s duties and services under this Agreement shall not include preparing or assisting CITY with any portion of the CITY' s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSUL TANT' s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

CONSULT ANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all 7 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359.DOCX;07 /I 5/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E conceptual, preliminary, or initial plans or specifications prepared by CONSULT ANT pursuant to this Agreement.

11. Governing Agreement. In the event of any conflict between this Agreement and its EXHIBITS, the provisions of this Agreement shall govern. In the event of any conflict between any of the EXHIBITS, the provisions of the first in order of attachment shall govern.

12. The Levine Act Disclosure. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to a Proceeding before the City of Roseville that involves any action or consideration related to their contract, license, permit, or other entitlement for use, to disclose any campaign contributions made to CITY elected or appointed officers totaling more than $250 within the twelve (12) months prior to the CITY decision and while a proceeding is pending, and includes certain prohibitions on contribution activity thereafter. If applicable campaign contributions have been made by CONSULTANT and/or its agent(s), CONSULTANT is responsible for compliance, including for its disclosure obligations, if any, as further described at:
htt )s://www.rosevil1e.ca.ushrnvernment/de 1artments/cit v clerk/trans 1arenc v/levine act .

13. Assignment. CONSULT ANT is employed to perform unique personal services.

CONSULTANT shall not assign this Agreement without the prior written consent of CITY.

CONSULT ANT shall not employ or otherwise incur any obligation to pay other specialists or experts for services in connection with this Agreement, without prior written consent of CITY.

14. Independent Contractor. CONSULTANT, inclusive of its agents, officers, employees, volunteers, independent contractors, and subcontractors, shall act as an independent contractor, and covenants and agrees that it will conduct itself consistent with such status, that it 8 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359.DOCX ;07 /15/2024) Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E will neither hold itself out as, nor claim to be, an officer or employee of CITY by reason of this Agreement.

CONSULTANT and CITY agree that: (a) CONSULTANT is free from the control and direction of CITY in connection with the performance of the work; (b) CONSULT ANT is providing services directly to CITY; ( c) CONSULT ANT has and will maintain at all relevant times a business license; ( d) CONSULT ANT maintains a business location that is separate from CITY; ( e) CONSUL TANT is customarily engaged in an independently established business of the same nature as that involved in the work performed hereunder; (f) CONSUL TANT actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from CITY; (g) CONSULT ANT advertises and ho Ids itself out to the public as available to provide the same or similar services; (h) CONSUL TANT provides its own tools, vehicles, and equipment to perform the services; (i) CONSULT ANT has negotiated its own rates; G) CONSULTANT set its own hours and location of work in accomplishing CITY's on­ call needs; and (k) CONSULT ANT has the right to control the manner and means of accomplishing the result desired and exercises its own expert independent judgement.

15. Representations and Warranties. CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to terminate as void this Agreement, without liability, or, in its discretion, to deduct from the 9 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359 .DOCX ;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B988-5C659530A75E Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

16. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

17. Copyright, Ownershi p and Use of Materials. All tangible material ("Material") created or delivered pursuant to this Agreement is considered a work made for hire under the Copyright Act. To the extent such Material does not qualify as a work made for hire, CONSULTANT hereby assigns to CITY all right, title, and interest, including but not limited to all copyrights, in all Material created by CONSULT ANT in its performance under this Agreement. Material constitutes the scope of work outlined in Exhibit A and attached hereto, and all written and other tangible expressions, including but not limited to, drawings (including computer aided drawings), papers, documents, reports, surveys, renderings, exhibits, sketches, maps, models, prints, paintings or photographs, in any and all media or formats in which such materials have been created or are maintained. All Material furnished by CONSULT ANT is, and shall remain, the property of CITY.

CONSULT ANT shall execute any documents necessary to effectuate such assignment.

In the event that CONSULT ANT uses, employs, designates, or retains any person or entity who is not an employee of CONSUL TANT, to perform any work required of it pursuant to this Agreement, CONSULT ANT shall require said person or entity to execute an agreement containing the preceding paragraph.

18. Termination of Agreement. The City may terminate this Agreement without cause by giving CONSULT ANT ten (10) days advance written notice from the City Manager.

CONSULT ANT may terminate this Agreement without cause by giving CITY thirty (30) days 10 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 15\P005\00088359 .DOCX ;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E advance written notice. In the event of termination through no fault of CONSUL TANT, CITY shall compensate CONSULT ANT for services performed as of the date of termination, upon the release to CITY of all Material hereunder, in any and all media or formats in which such materials have been created or are maintained. CITY retains the right to receive and use any Material, notwithstanding any termination or any dispute regarding the amount to be paid.

19. Attorney's Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney's fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

20. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.

21. Severability. If any of the provisions contained in this Agreement are for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.

22. Notices. Any notices to parties required by this Agreement shall be delivered personally or mailed, U.S. first class postage prepaid, addressed as follows:

CITY OF ROSEVILLE
Michelle White
Compliance Administrator
2005 Hilltop Circle
Roseville, CA 95747
11 CONSULTANT
Kody Salem
Senior Vice President
3020 S. Carbon Pl., Suite 300
Boulder, CO 80301
[\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359.DOCX;07 /15/2024) Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E Either party may amend its address for notice by giving notice to the other party in writing.

23. Integrated Agreement. This is an integrated agreement and contains all of the terms, considerations, understanding and promises of the parties. It shall be read as a whole.

IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. ___ , adopted by the Council of the City of Roseville on the_ day of _____ , 20_, and CONSULTANT has caused this Agreement to be executed.

CITY OF ROSEVILLE, a
municipal corporation
BY: ------ --------DOM IN IC K CASEY
City Manager
ATTEST:

BY: - - ------------CARMEN AVALOS
City Clerk
APPROVED AS TO FORM:

BY: ----- - --------MICHELLE SHEIDENBERGER
City Attorney
E SOURCE COMPANIES, LLC, a
Delaware limited liability company
By: Nr.AL f\.M,ss~ ----- ---------its: Nicole Naassan, Sr. Vice President and
BY: ------- ---- ---its: ------- -------
(SIGNATURES CONTINUED ON NEXT PAGE)
12 [\ \Rosenet\rosenetdfs \CITY ATTORNEY\CYCOM\ WPDOCS \D0 15\P005\00088359 .DOC X;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E APPROVED AS TO SUBSTANCE:

BY: ~iJ.;:'~
----------------RICH A RD PLECKER
Environmental Utilities Director
13 [\\Rosenet\rosenetdfs\CITY ATTORNEY\CYCOM\ WPDOCS\D0 l 5\P005\00088359.DOCX;07 /15/2024] Docusign Envelope 10: 8E843CC2-BC3E-48EC-B98B-5C659530A75E EXHIBIT "A"
[\\Rosenetlrosenetdfs\CITY A TTORNEY\CY COM\ WPDOCS\D0 l 5\P005\00088359 ,DOCX;07 I 1 5/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E 111e··--
[i Source Evaluation and Procurement of a Comprehensive Solid waste Management Software Project Plan
Statement of Work
This Scope of Work (SOW) is to document the services E Source Consulting LLC ("E Source") can provide the City of Roseville (the City) in support of Evaluation and Procurement of a Comprehensive Solid Waste Management Software. The SOW is split into separate tasks that would normally be started in order but completion of many would span across the procurement activities. Where this happens, it is called out within the task description. The tasks are intended to be optional activities for the City to consider when deciding which specific actions are necessary to meet the waste services need .

Task 1: Evaluation
Task 1.1: Project Kickoff & Mobilization
Immediately following notice to proceed, E Source will hold a kickoff meeting with the City's project team to review project scope, requirements, deliverables, schedule, and reporting relationships. This meeting will also address project issues and concerns. We'll review the make-up of your project team and subject matter experts (SMEs) to confirm there is a broad representation.

Task 1.2: Program Goals
Our team forms a solid foundation for success by conducting a workshop with executives, stakeholders, and key SM Es to establish a common understanding of your project goals, drivers, success factors, and risks. This approach stimulates discussion around project goals that otherwise may not have been considered. This task will serve as the foundation for future work to ensure what is ultimately deployed directly addresses your goals and objectives. Findings and conclusions from this task will be summarized in the Technology Roadmap.

Task 1.3: Discovery & Requirements Definition
E Source will lead your staff in a series of interviews and workshops to discuss the City current operations and software applications and discuss expectations and requirements for your future solid waste management application. Following the workshops, E Source will document the expectation and requirements are. The output of this task will serve as input into E Source's findings and recommendations.

E Source will work with the City project manager (PM) to identify the SMEs and schedule the workshops E Source expects to meet with the following departments at a minimum:

Task 1.4: Business Process Impact Assessment
E Source will conduct a business process impact assessment to identify City departments, business processes, and systems that will be impacted by the introduction of comprehensive solid waste management software. E Source utilizes best practices to guide business process change which provides end-to-end process understanding, visibility and control while ensuring effective communication and engagement across the organization. While some technology partners skim over specific recommendations, E Source will draw from past technology deployments and industry best practices to guide the City toward making sound decisions for how to redesign processes, policies, and procedures.

E Source begins with a workshop to gain understanding of the City's day-to-day business processes that will be affected by the deployment of the software as well as provide recommendations for future processes that will be developed in order to realize the expected benefits. This assessment will clarify [El © 2024 E Source Companies LLC I Proposal prepared for City of Roseville 13 Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E ......
[§I Source
Evaluation and Procurement of a Comprehensive Solid Waste Management Software business objectives and initiate the appropriate business process redesign activities to prepare the City for the future.

Task 1.5 Industry Scan
Solid waste management software is not a developed industry and often has custom solutions applied.

Understanding software solutions used at other solid waste utilities can provide insight into preferred solutions, options available and understanding the quality of the software solutions to meet solid waste management comprehensive needs. E Source will leverage our extensive industry contacts to identify utilities leveraging comprehensive solid waste management software.

Interviews will be conducted by E Source to understand each utilities software solutions, how well the software solutions meet their needs and identify software solution capabilities to meet Roseville's needs.

Vendor interviews may be conducted with experienced vendors although nascent vendors may be included that have novel solutions that meet the needs of Roseville. Innovation technologies or solutions will also have higher risk so E Source will assign a level of risk to the technology or solution based on our experience and vendor evaluation gained through the interview. (Note: Vendor names may be omitted from some research at their request) Similar size utilities and contact names that appear to have best practices or high degree of innovation strategy will be identified and shared with Roseville.

Interviews with similar size utilities
■ Interviews with software providers offering solutions that align with Roseville needs. • Literature research
The results of the interviews and research will be broken out in matrix form to identify how the software solutions meet the goals of Roseville needs.

Task 1.6: IT Systems Analysis
E Source will conduct a workshop with applicable personnel to review your existing information systems supporting solid waste processes and general IT requirements (on-premises vs. Saas, application preferences, supporting staffing, integration expertise, etc.) E Source will then conduct a second workshop to establish the desired future state systems and integration.

Task 1.7: Technology Implementation Roadmap
E Source's findings that are gathered during the tasks outlined above will be documented in a comprehensive roadmap and, if requested, presentation. The roadmap will be the primary vehicle for communicating E Source's recommendations.

E Source will schedule working sessions with the City upon delivery of the draft roadmap to review the conclusions and recommendations. E Source expects the City to provide feedback/ questions/ comments, which will be incorporated into the Final roadmap. Additionally, E Source will prepare and conduct an on-site presentation to the City's Executive Management I Stakeholders summarizing the effort, results, and recommendations .

DELIVERABLES
•
•
•
•
•
Program goals
Gap analysis
Current state impact assessment
Industry scan results matrix
Current and future state IT systems documentation
[El © 2024 E Source Companies LLC I Proposal prepared for City of Roseville 14 Docusign Envelope ID: 8E843CC2-BC3E-48EC-B988-5C659530A75E ~
[§ISource
Evaluation and Procurement of a Comprehensive Solid waste Management Software Draft/Final Technology Implementation Roadmap and presentation 15 Docusign Envelope ID: 8E843CC2-BC3E-48EC-8988-5C659530A75E -[§I Source
Evaluation and Procurement of a Comprehensive Solid Waste Management Software Preliminary Schedule
The proposed project schedule shown in Table 3 represents a high-level overview of the general timeline of events in the proposed scope of work. Based on E Source's experience on supporting Cayenta system integration testing performed by the City's Utility Billing organization, the testing effort may exceed this assumed duration. The schedule included here would cover very specific testing of the created interface between the new waste services system and Cayenta. It would be the City's responsibility to coordinate more extensive regression testing of the Cayenta system if deemed necessary.

E Source can commence work immediately upon Notice to Proceed. The actual project schedule will be refined with the City's input during Task 1 and will provide a greater level of detail.

Table 3. Preliminary Project Schedule
03 24 Q4 24
ID Task Name start Finish Duration
JUI Aug Sep oc, MN
Ta~_!( 1:_Evaluatlon 811/2024 11/20/2024 16w
2 Task 1.1: Project Kickoff & Mobilization 8/1/2024 8/1412024 2w I 3 Task 1.2: Program Goals 8/1512024 8/28/2024 2w
'
4 Task 1.3: Discovery & Requirements Definition 8/1512024 9/18/2024 5w -5 Task 1.4: Business Process Impact Assessment 8/29/2024 10/2/2024 Sw 6 Task 1.5: Industry Scan 8/29/2024 10/2/2024 5w
7 Task 1.6: IT Systems Analysis 8/1512024 10/9/2024 8w
8 Task 1.7: Technology Implementation Roadmap Report 10/10/2024 11/20/2024 6w (El © 2024 E Source Companies LLC I Proposal prepared for City of Roseville 28 Docusign Envelope ID: 8E843CC2-BC3E-48EC-B98B-5C659530A75E EXHIBIT "B"
[\\Rosenet\rosenetdfs\CITY A TTORNEYICYCO M\ WPDOCS\D0 I 5\P005\00088359.DOCX ;07 /15/2024] Docusign Envelope ID: 8E843CC2-BC3E-48EC-B988-5C659530A75E ,__
Isl Source
Evaluation and Procurement of a Comprehensive Solid Waste Management Software Cost of Services
E Source proposes to perform the requested scope of services as detailed in this proposal for a fixed labor fee of $75,260 + estimated travel expense of $11,100. The breakdown of this fee is shown in Table 4.

Table 4. Fee Breakdown
Evaluation, Procurement, and Im lementation
Task 1 Evaluation
Task 1.1 Project Kickoff & Nlobili?.ation 18 $4,960 $4,960 Task 1.2 Program Goals 22 $6,100 $3,700 $9,800
Task 1.3 Discovery & Requirements Definition 60 $16,600 $16,600 Task 1.4 Business Process Impact Assessment 60 $15,600 $3,700 $19,300 Task 1.5 Industry Scan 30 $8,200 $8,200
Task 1.6 IT Systems Analysis 26 $7,280 $7,280
Task 1.7 Technology Implementation Roadmap 60 $16,520 $3,700 $20,220 To~al
• - - -- -· - ·- 276 -J7~;2-~0 $·11,f90_ __ $~~,3~9a
Task 2 Procurement (Optional extension) ROM $110,000
Task 3 Implementation (Optional extension) ROM $150,000- $400,000
E Source has calculated the proposed fee based on experience with similar projects and understanding of the level of effort desired by the City. The level of effort and associated fees can be adjusted as necessary to fit within the City's budget for this project. Our fee includes all services and deliverables described herein.

E Source 2024 hourly labor rates are as follows:

Reimbursable Expenses
Table 5. E Source 2024 Hourly Labor Rates
Senior Vice President
Vice President
Program Man9ger
Project Manager
Executive Consultant
Principal Consultant
Senior Consultant
Consultant
Associate Consultant
$300.00
$290.00
$280.00
$270.00
$280.00
$270.00
$260.00
$250.00
$210.00
Reimbursable expenses (e.g., travel) are expected to be approximately $11,100 and will be submitted monthly for reimbursement on an actual and reasonable basis. There is no markup on these direct costs, and E Source does not charge for time spent traveling. The fee expense estimate is based on similar project experience and the knowledge of which tasks require on-site consulting and support. We will seek to minimize expenses through the use of government contractor rates, if available, and teleconferences whenever possible .
(El © 2024 E Source Companies LLC I Proposal prepared for City of Roseville 29

COUNCIL COMMUNICATION
CC #:
3511
File #:
0900-02
Title:

Aquifer Storage and Recovery Well 9 (Westbrook) and Well 18 (Solaire) - Notice of Completion
Contact:

Janice Gainey 916-774-5535 [email protected]

Meeting Date: 9/4/2024
Item #: 6.9.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council accept the Aquifer Storage and Recovery Well 9 (Westbrook) and Well 18 (Solaire) Project as complete and adopt a resolution to authorize the Director of Environmental Utilities to execute the Notice of Completion.

BACKGROUND
In 2019, the City initiated a project to expand the existing Aquifer Storage and Recovery (ASR) Well Program. Due to critical drought conditions, two sites were prioritized for expedited implementation. Given that the Governor’s Emergency Proclamation regarding the drought from May 10, 2021, allowed for the suspension of certain competitive bid and procurement requirements in order to expedite drought related projects, and given that the RMC’s Section

9.28.060(6) provides the City Manager (as the Director of Emergency Services) authorization to suspend/modify any city ordinance as reasonably necessary to obtain vital supplies, equipment etc., on October 20, 2021, City Council awarded a sole source Design-Assist Construction Contract to Auburn Constructors LLC.

The City’s Environmental Utilities Department completed final inspection of the project on July 12, 2024, and found the work to be completed in accordance with the improvement plans and specifications, punch list items are complete, and is now ready for acceptance.

FISCAL IMPACT
A Design-Assist Contract was awarded to Auburn Constructions in the amount of $14,525,300.

City Council also approved an allowance to pay contract change orders of up to 10% of the value of the contract ($1,452,530) for a not-to-exceed total contract amount of $15,977,840. There were a total of eleven (11) negotiated change orders during construction for a total change order cost of $1,115,378.80. The total cost of the construction contract including all changes orders was $15,640,678.80. The project was funded by the Water Construction Fund.

ENVIRONMENTAL REVIEW
Implementation of the project was evaluated in the 2012 ASR Program Final EIR (State Clearinghouse No. 2009072018) certified by City Council on March 29, 2012. The project is consistent with the scope of the project covered by the 2012 ASR Final EIR. All applicable mitigation measures from the ASR Program Final EIR were implemented during the design and construction of the project and consequently no additional CEQA review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F – Invest in well-planned infrastructure and growth.

Respectfully Submitted,
Janice Gainey, Principal Engineer
Richard Plecker, Environmental Utilities Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-306
Notice of Completion
RESOLUTION NO. 24-306

ACCEPTING THE PUBLIC WORK KNOWN AS THE AQUIFER STORAGE AND RECOVERY WELL 9 (WESTBROOK) AND WELL 18 (SOLAIRE) PROJECT, APPROVING THE “NOTICE OF COMPLETION”, AND AUTHORIZING THE ENVIRONMENTAL

UTILITIES DIRECTOR TO EXECUTE SAID NOTICE

ON BEHALF OF THE CITY OF ROSEVILLE

BE IT RESOLVED by the City Council of the City of Roseville as follows:

1. The “Notice of Completion” on file in the City Clerk’s Department relative to that public work known as the Aquifer Storage and Recovery Well 9 (Westbrook) and Well 18 (Solaire) Project, has been approved and the public work accepted.

2. The Environmental Utilities Director is hereby authorized and directed to execute said Notice on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ____ day of _____________________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

______________________________
MAYOR

ATTEST:

_________________________________
City Clerk

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

CITY
CLERK

CITY OF ROSEVILLE
311 VERNON STREET
ROSEVILLE, CA 95678
Exempt
from recording fees
Pursuant to Gov’t Code §27383
NO

TICE OF COMPLETION
N
OTICE IS HEREBY GIVEN that the public work of improvement known as the Project was completed and
accepted by the City of Roseville on . The location is situated in the City of Roseville, County of Placer, State of California and is indicated on the attached map, marked as Exhibit “A” and incorporated herein by this reference. The real property herein described is owned by the City of Roseville, 311 Vernon Street, Roseville CA 95678.

The direct/general contractor on said project was .

The surety on said project was
.
___________________________________
Cit
y of Roseville
Owner
ATTEST:
________________________________
_
Carmen Avalos, City Clerk

State of California )
County of Placer )

I, , being first duly sworn, depose and say: I am the of the City of Roseville, a municipal corporation in the State of California, owner of the property described in the above Notice. I am duly authorized to make this verification for and on behalf of the City of Roseville. I have read the Notice of Completion and know its contents and the facts stated therein are true.

___________________________________

City of Roseville

State of California )
County of Placer )
Subscribed and sworn to (or affirmed) before
me on this _ ____
day of ,
20 ___,
proved to me on the basis of satisfactory
evidence to be the person(s) who appeared
before me.

____________________________________
Place Notary Seal and/or Stamp Above Signature of Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. )

PROJECT

LOCATION
)

FIDDYMENT RD

BASELINE RD

MARKET ST

WESTBROOK BL
P
L
E
A
S
A
N
T
G
R
O
V
E
B L

UPLAND DR
S
A
N
T
U
C
C
I
B
L

WESTPARK DR

VISTA GRANDE BL
H
A
Y
D
E
N
P
W
B
O
B
D
O
Y
L E
D
R

B L U E O
A K S
B L

EARL RUSH DR

SOLAIRE DR
V
I
L
L
A
G
E

G R E E N D R

VILLAGE CENTER DR
PLEASANT GROVE BL¯
City Boundary
Exhibit "A"
AQUIFER STORAGE AND RECOVERY WELL 9 (WESTBROOK)
AND 18 (SOLAIRE)
2275 WESTBROOK DR AND 4030 SOLAIRE DR

COUNCIL COMMUNICATION
CC #:
3512
File #:
0102-04 & 0103
Title:

City Council/Boards, Commissions, & Committees Administrative Standards Updates
Contact:

Helen Dreyer 916-774-5356 [email protected]
M. Sheidenberger 916-774-5325 [email protected]

Meeting Date: 9/4/2024
Item #: 6.10.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution approving updates to the City Council/Boards, Commissions, & Committees Administrative Standards.

BACKGROUND
Section 4.06 of the Roseville City Charter authorizes the City Council to establish its own meeting procedures. Prior to 2019, the City Council and the then thirteen Boards, Commissions, and Committees had their own separate meeting procedures. On February 20, 2019, the City Council adopted a resolution to consolidate the individual meeting procedures into one Administrative Standards document.

Updates are now needed to the Administrative Standards due to changes in the law, changes in City policy, to add clarity, and to address areas currently not addressed in the standards. The following is a summary of the changes:

Special Meetings: Clarifying who can call a special meeting to match what is in the City's Charter. Also, the revisions memorialize the City’s long-standing practice of allowing general public comment at special meetings, although this is optional since it’s not required by the Brown Act.

Agendas: Memorializing existing practices by clarifying who can put items on a meeting agenda. For example, the revisions specify that no member of the public nor individual public official can unilaterally put items on a meeting agenda.

Council Reports: Providing clarity as to what the City Council may talk about during Council Reports to conform to the Brown Act. The report outs required by the City's new Travel and Expense Reimbursement Policy have also been added.

Disruptions: This section has been expanded due to meeting disruptions occurring in other cities.

Board of Appeals: Non-substantive changes to the Board of Appeals section were made to memorialize existing hearing procedures.

OBEB Trust Investment Review Committee: Adding in a reference to this Brown Act committee.

City Staff: Adding in the prohibition, from the Roseville Municipal Code, of City staff serving on boards, commissions and committees.

Social Media: Adding in current Brown Act rules on social media posts.

Economic Development Advisory Committee (EDAC): Fixing EDAC’s meeting schedule.

They meet on the fourth Tuesday of the month, not the fourth Wednesday.

Personnel Board: HR asked that the Personnel Board’s schedule be changed to say the board will meet “as needed” so staff doesn't have to cancel these meetings every month because the Personnel Board rarely meets.

Youth Commissioner: Making the youth commissioner for the Grants Advisory Commission a voting member, per Council's direction.

Updated Names: Staff member names were updated.

A redlined version of the changes is attached. A separate staff only version of the Administrative Standards will also be updated with these same changes if approved.

FISCAL IMPACT
There is no fiscal impact associated with this request.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The update of meeting procedures meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal E - Deliver exceptional city services

Respectfully Submitted,
Helen Dreyer, Assistant City Clerk
Michelle Sheidenberger, City Attorney

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-307
Revised Administrative Standards
RESOLUTION NO. 24-307

APPROVING THE CITY COUNCIL/BOARDS, COMMISSIONS, AND COMMITTEES

ADMINISTRATIVE STANDARDS UPDATES

WHEREAS, on February 20, 2019, Council adopted a resolution to consolidate the individual meeting procedures of the City Council and the thirteen Boards, Commissions, and Committees into one Administrative Standards document; and

WHEREAS, updates are now needed to the Administrative Standards due to changes in the law, changes in City policy, and to address areas currently not addressed in the standards; and

WHEREAS, the City Council/Boards, Commissions, and Committees Administrative Standards Updates, have been reviewed by City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Roseville that the City Council/Boards, Commissions, and Committees Administrative Standards Updates are hereby approved.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of __________________________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

______________________________
MAYOR

ATTEST:

___________________________
City Clerk

City of Roseville
City Council/Boards,
Commissions, & Committees
Administrative Standards

September 4, 2024 Deleted: October 6, 2023
Formatted: Highlight

Contents

Purpose 2

City overview 2
Form of government 2
City Council 2
City Manager and department heads 2
City Attorney 2
City Clerk 2
Staff 2
Boards, commissions and committees 2

Membership 3
Eligibility 3
Incompatibility of office 3
Structure of terms of office 3
Youth members 3

Appointment policy 3
Procedure 3

Position requirements 4
Oath of office 4
New member training 4
Conflict of Interest Code 4
Ethics training 5
Sexual harassment training 5
Unclassified service 5
Social media 5
Dress code 5
Logo and materials 5
Attendance policy 5
Removal from office 6
Resignation 6
Safety information 6
Travel and Expenses 6

Roles and responsibilities 6
Liaison 6
Secretary 6
Chair 6
Additional role of the chair 7
Board, commission, or committee members 7
Limitations 8
Other persons 8
Spokesperson for group of persons 8

Meeting procedures 8
Other guiding documents 8

Meetings 8
Regular meetings 8
Special meetings 9
Adjourned meetings 9
Recess of a meeting 9
Closed session 9
Quorum 9
Meetings of a majority of members 9
Agendas 10
Call to Order 10
Roll Call 10
Public Comments 10
Consent Calendar 10
Requests/Presentations 10
Public Hearings 11
Council/Board Member/Commissioner/Committee/Staff Reports 11 Adjournment 11
Order of business 11

Voting 11
Majority vote 12
Tie vote 12
Abstention 12
Conflict of interest 12
Recommendations 12

Official record 12
Minutes 12
Correction to Minutes 13
Recordings 13

Agenda notice requirements 13
Open Meeting Law 13
Meetings 13
Public notice 13

Rights of the public 14
Americans with Disabilities Act 14
Limited English proficiency 14
Presentation material 14

Composition, responsibilities, and meeting dates of the City of Roseville boards, commissions, and committees 15
Charter Review Committee 15
Design Committee 15
Economic Development Advisory Committee 15
Grants Advisory Commission 16
Law and Regulation Committee 16
Formatted: Not Expanded by / Condensed by
Library Board 16
Local Sales Tax Citizens’ Oversight Committee 17
Parks and Recreation Commission 17
Planning Commission 17
Public Utilities Commission 18
Senior Commission 19
Transportation Commission 19

Supplemental meeting procedures 20
Board of Appeals 21
Personnel Board 23
City Council 25

Purpose
This handbook shall serve as the administrative standards for all City of Roseville boards, commissions, committees and City Council members (collectively “public officials”) so that expectations and practices are clearly articulated to guide members in their actions, and to provide a uniform framework for conduct. Informational appendices are included.

City overview
Form of government
The City of Roseville Charter, adopted in 1954, establishes a council-manager form of municipal government. (Appendix I)

City Council
The five (5) member City Council, which is comprised of four (4) members and the mayor, enacts legislation, adopts budgets, and determines policy.

City Manager and department heads
The City Manager is appointed by the City Council. The City Manager is responsible for the day-to-day management of the city and supervises the organization through department heads. Department heads are appointed by and report directly to the City Manager.

City Attorney
The City Attorney provides legal advice and support to the City Council and boards, commissions, and committees on the legal propriety of proposed actions, prepares and/or reviews all ordinances, resolutions, contracts, and other documents, represents the city in civil litigation and acts as liaison to outside special counsel.

City Clerk
The City Clerk conducts elections to elect City Council members, recruits board, commission, and committee members, establishes and tracks compliance of mandatory training, maintains city records and securities, prepares agendas and minutes for the City Council, and provides City Council action follow-up.

Staff
City staff, under the direction of the City Manager, is responsible for carrying out the policies and actions of the City Council and implementing the programs and services set out in the budget and identified in the City Council’s annual goals.

Boards, commissions and committees
Boards, commissions, and committees are established to provide a method for citizen input and are ancillary to the City Council. All board, commission, and committee members shall serve without compensation. The City of Roseville has 16 boards, commissions, and committees: Board of Appeals, Charter Review Committee*, Design Committee, Economic Development Advisory Committee, Grants Advisory Commission, Law & Regulation Committee, Library Board, Local Sales Tax Citizens’ Oversight Committee, Other Post Employment Benefits (OPEB) Trust Investment Review Committee***, Parks & Recreation Commission, Personnel Board, the Placer Mosquito Abatement & Vector Control District**, Planning Commission, Public Utilities Commission, Senior Commission, and Transportation Commission.
*Charter Review Committee is a temporary committee
that each decade reviews the entire city Charter.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

2 Deleted: c
Formatted: Indent: Left: 3"
Formatted: Not Expanded by / Condensed by
Deleted: c

**Placer Mosquito Abatement & Control District is comprised of five Placer County regional trustees. The City Council appoints one individual to serve as one of the five regional trustees. ***OPEB Trust Investment Review Committee is comprised of eleven members (consisting of representatives from each bargaining unit (five), four retirees, and two city staff) appointed by and at the discretion of the City Manager with the purpose of providing advisory and non-binding input to city staff on investment performance and other related matters.

Membership
Eligibility
Except for the Economic Development Advisory Committee, all members of boards, commissions, and committees shall be residents of the City at the time of their appointment and continuously during their term of office. Members of the Economic Development Advisory Committee shall either live, work, own a business, or represent a business or industry in the City at the time of their appointment and continuously during their term of office.

Individuals can only serve on a single City of Roseville board or commission at a time.

Notwithstanding the foregoing, individuals may serve concurrently on a single City of Roseville board or commission and a single City of Roseville committee.

Relatives (spouses, siblings, parents, domestic partners, co-habitants, and children) cannot serve on the same board, commission, or committee at the same time. In addition, current City of Roseville employees are ineligible to serve on a board, commission, or committee.

Incompatibility of office
An individual cannot hold two conflicting public offices. Be aware that acceptance of one governmental board appointment may result in the automatic forfeiture of another public seat.

Structure of terms of office
Members of the boards, commissions, and committees serve staggered terms of four years.* No member shall serve more than two consecutive terms. In the event a person is appointed to fill an unexpired term the appointment to fill said unexpired term will be considered a partial term and will not be counted as one of the two full consecutive terms. *Members of the Economic Development Advisory Committee serve two-year terms. There are no limitations on the number of consecutive terms a member of the Economic Development Advisory Committee may serve.

If at the expiration of an eligible member’s term the City Council has not yet appointed a replacement, the member may continue to serve on a month-to-month basis until a replacement is appointed.

Youth members
The City Council may appoint a high school student that is a resident of Roseville as a voting member of the Library Board, Parks & Recreation Commission, and the Transportation Commission, and a non-voting member of the Grants Advisory Commission. Such member shall serve only during his or her enrollment in high school and for a one-year term. Such member may be re-appointed for a second term. Youth members must be enrolled in high school during the entirety of their term. Youth members may not serve as chair or vice chair.

Appointment policy
Procedure

City Council/
Boards, Commissions
& Committees
Administrative
Standards

3 If a vacancy on any board, commission, or committee occurs because the current term ended, resignation, death, moving, removal from incumbent’s office, ineligibility for re -appointment, etc. the following procedure will be used:

• The City Clerk will advertise the vacancy in the city’s legal newspaper and on the city’s website, and will notify the Roseville Chamber of Commerce, and the Roseville Coalition of Neighborhood Associations of the vacancy;
• The City Clerk will establish a deadline for receiving applications; • Applications received after the deadline will not be accepted; • If fewer applications are received than twice the number of openings, the City Clerk may establish a new application deadline and the vacancy re-advertised as described in the first bullet point;
• The City Clerk will conduct video interviews of all applicants; • Applications and video interviews will be provided to the City Council; • If a new vacancy occurs after an application deadline and before an appointment is made, a new application process will not be re-advertised; • City Council will cast their vote at a pre-designated meeting date via ballots; • Ballots and applications of successful applicants are made part of the record and kept on file and made available for public review upon request.

Position requirements
Oath of office
Before attending a board, commission, or committee meeting, every new member shall take the oath of office stating that he/she will faithfully discharge the duties of the board, commission, or committee to which appointed.

New member training
New board, commission, and committee members shall receive general and commission- specific training from the City Clerk Department and from the staff liaison before beginning their term.

Conflict of Interest Code
Under the Political Reform Act of 1974, all public agencies are required to adopt a Conflict of Interest Code. The code designates positions required to file Statement of Economic Interests, and assigns disclosure categories specifying the types of interests to be reported. The City of Roseville designates members of Charter Review Committee, Design Committee, the Economic Development Advisory Committee, Grants Advisory Commission, Local Sales Tax Citizens’ Oversight Committee, Planning Commission, Public Utilities Commission, and Transportation Commission as required filers of an Assuming, Annual, and Leaving Form 700 Statement of Economic Interests. State law requires a fine be assessed for those who fail to file required Fair Political Practices Commission documents. If a board, commission, or committee member fails to file an Assuming Office Form 700 Statement of Economic Interests for more than thirty (30) days after the final filing date, the member will be disqualified from any participation in the meetings or other activities of the board, commission, or committee until the member both files the required Statement of Economic Interests and pays any fines associated with the failure to file. If the member fails to file and/or pay the associated fine for more than sixty (60) days after the final filing date, the member shall be removed from the board, commission, or committee by City Council action.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

4 Ethics training
Assembly Bill 1234 imposes ethics training and compensation and reimbursement requirements on cities, counties, and special districts. For officials and board, commission, and committee members serving on or for a local agency, AB 1234 requires two (2) hours of ethics training within one year of appointment.* Thereafter, two (2) hours of ethics training every two years. Notification of this online training will be provided by the City Clerk Department. Failure to complete the online training shall result in removal from the board, commission, or committee.

Sexual harassment training
Assembly Bill 1661 imposes sexual harassment prevention training requirements on cities, counties, and special districts for officials serving on or for a local agency. Notification of this online training will be provided by the City Clerk Department.* Failure to complete the online training shall result in removal from the board, commission, or committee. In addition, the Department of Fair Employment and Housing requires all California employers to provide employees and volunteers the Department’s sexual harassment pamphlet. (Appendix IV)

Unclassified service
As provided by the Charter, members of boards, commissions, and committees are considered unclassified employees and are required to comply with City of Roseville Administrative Regulation 2.03 – HARASSMENT, DISCRIMINATION, AND RETALIATION PREVENTION POLICY (Appendix II); and Roseville Administration Regulation 2.14 – ACCEPTANCE OF GIFTS AND GRATUITIES BY CITY EMPLOYEES. (Appendix III)

Social media
Statements and opinions using social media including, but not limited to Twitter, Facebook, Nextdoor, or professional networks like Linkedln, must remain personal and cannot be intended as representing the city’s nor the board, commission, or committee’s official position.

In addition, the Brown Act prohibits a member of a public body from responding “directly to any communication on an Internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.” This means that if a public official posted a comment in response to another public official’s social media post about a city issue, that could be a Brown Act violation, assuming the two serve on the same public body. Overall, public officials must avoid commenting, liking or otherwise responding to each other’s social media posts.

Dress code
Board, commission, and committee members are expected to portray a positive and professional image and are expected to wear clean and appropriate business attire.

Shirts with the city logo are permitted while attending functions in the capacity as a board, commission, or committee member.

Logo and materials
To reflect the official nature of the board, commission, or committee and to preserve consistency of the city brand, only the official city logo that contains the words “City of Roseville”, shall be used on board, commission, or committee materials.

Attendance policy
It is the expectation that board, commission, and committee members attend all meetings.

If a member is absent without excuse a total of 25% or more meetings in a rolling 12-month period, or more than one meeting in a rolling 12-month period if the board, commission, or committee meets quarterly, he or she shall forfeit the office. The secretary of each board, commission, or committee shall transmit attendance records to the City Clerk. Excused absences from meetings may be for any of the following reasons:

City Council/
Boards, Commissions
& Committees
Administrative
Standards

5 Deleted: c
Deleted:

Deleted: therefore
Deleted: C
• Illness of the member or the member’s family member;
• Family emergency related to illness or injury;
• Business commitment, notice of which was provided to the chair and secretary in advance;

• Previously scheduled vacation, notice of which was provided to the chair and secretary in advance;
• Attendance at a funeral, religious service or ceremony, wedding, or other similarly significant event, notice of which was provided to the chair and secretary in advance.

Removal from office
Except when otherwise provided by law or the City of Roseville Charter, members of boards, commissions, and committees of the city serve at the pleasure of the City Council, and may be removed by the City Council at any time with or without cause. A member’s removal shall be by majority vote of the City Council.

Resignation
A member of a board, commission, or committee who wishes to resign prior to completing the member’s term shall send a resignation letter to the City Clerk who shall notify the City Council and begin the recruitment process.

Safety information
• An automated external defibrillator (AED) and a cardio pulmonary resuscitation (CPR) mask are mounted on the wall next to the media control room; • In case of an emergency, the chair should adjourn the meeting and advise everyone to exit through the double doors and gather across the street.

Travel and Expenses
Travel and other expenses incurred in connection with a public official’s service on a board, commission, or committee, shall be authorized and reimbursed in accordance with the Travel and Expense Reimbursement Policy adopted by the City Council.

Roles and responsibilities
Liaison
Liaisons provide procedural direction and serve as staff support to the board, commission, or committee. The liaison is appointed from the department which most nearly encompasses the board, commission, or committee’s activities.

Secretary
The secretary is appointed from the department which most nearly encompasses the board, commission, or committee’s activities. The secretary assists in the board, commission, or committee’s functions.

While the liaison and secretary roles are to assist the board, commission, or committee, the liaison, secretary and other staff are not employees of the board, commission, or committee. At all times, staff is strictly reportable to the department head and City Manager.

Chair
The chair and vice chair shall be selected by the board, commission, or committee members at a January or July meeting, or as soon thereafter as is practicable. Any voting member of the board, commission, or committee, except a youth member, can serve as chair and shall

City Council/
Boards, Commissions
& Committees
Administrative
Standards

6 Deleted: c
Deleted: <#>The dais is bullet resistant, the
staff table is not;¶
<#>There are two panic buttons: One at the
center of the dais and one in the media control
room. The side-by-side buttons on the
individual component should be pressed
simultaneously for the signal to be sent to
Roseville dispatch;¶

be seated at the next meeting. The length of term for the chair and vice chair shall be one (1) year. However, there are no limitations on the number of consecutive terms the chair or vice chair may serve.

The chair is the presiding officer of the meeting. In the absence of the chair, the vice chair shall be the presiding officer of the meeting. In the absence of the vice chair, a temporary chair shall be selected from among the other members present, with priority given to seniority, and shall be the presiding officer of the meeting. Upon the arrival of the chair or vice chair, the temporary chair shall relinquish the chair immediately upon the conclusion of the item of business before the members.

The chair shall preserve order at all official meetings of the board, commission, or committee and shall decide all questions of order without debate, subject to advice from the City Attorney or City Attorney designee. The chair shall not make any motion, but may second a motion.

The presiding officer shall have all other rights and privileges of a board, commission, or committee member.

Additional role of the chair
• Attend City Council meetings as needed to represent the board, commission, or committee;
• Call a meeting to order and propose adjournment;
• Call for discussion and vote on motions;
• Clarify or request clarification of motions made by members; • Rule whether motions are out of order;
• Interpret and enforce any meeting management bylaws or rules of procedure; • Call members to order if they disregard rules of procedure or decorum for the meeting; • Ensure that meetings are conducted in an efficient and productive manner.

Board, commission, or committee members
When the board, commission, or committee is in session, the members must preserve order and decorum. No member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board, commission, or committee, disturb any member while speaking, or refuse to obey the orders of the board, commission, or committee or its presiding officer.

A board, commission, or committee member is expected to:
• Attend scheduled meetings;
• Prepare in advance of meetings and be familiar with issues on the agenda; • Contact the staff liaison if there are questions;
• Participate in meetings and carry out assignments;
• Use community members to obtain feedback on topics under consideration; • Be considerate of fellow members and staff;
• Not direct staff;
• Not speak for the board, commission, or committee unless authorized by the board, commission, or committee;
• Not speak for the city unless authorized to do so by action of the City Council.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

7 Limitations
Limited reports and comments at the end of the agenda are permissible as long as no action is taken.

Other persons
Persons addressing the board, commission, or committee shall step up to the podium and may, though not required, give their name for the record. All remarks shall be addressed to the body as a whole and not to any member thereof. No person, other than a member of the board, commission, or committee, staff liaison, or the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

Any person making personal, impertinent or slanderous remarks, or who shall become boisterous or belligerent while addressing the board, commission, or committee, shall, by the presiding officer, be barred from further audience before the board, commission, or committee during that meeting, unless permission to continue is granted by consensus of the board, commission, or committee. (Appendix V)

Spokesperson for group of persons
Whenever any group of persons wishes to address the board, commission, or committee on the same subject matter, it shall be the discretion of the presiding officer to request that a spokesperson be chosen by the group to address the board, commission, or committee and, in case additional matters are to be presented at the time by any member of said group, to limit the number of persons addressing the board, commission, or committee, so as to avoid unnecessary repetitions. The presiding officer may set a time limit for each side of the issue.

Meeting procedures
These meeting procedures shall pertain to all City of Roseville boards, commissions, committees, and the City Council (collectively “public bodies”). To the extent these procedures do not address an issue of parliamentary procedure for legislative body meetings, “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” shall apply. (Appendix VI)

Other guiding documents
• The City of Roseville Charter, Roseville Municipal Code, and state statutes will govern public officials’ activities.
• Parliamentary Procedure dictates the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and deliberative assemblies.
• The Ralph M. Brown Act is an act of the California State Legislature, authored by Assembly member Ralph M. Brown and passed in 1953, that guarantees the public’s right to attend and participate in meetings of local legislative bodies. (Appendix VII)

Meetings
Regular meetings
Regular meetings shall be held as scheduled, bi-weekly, monthly, quarterly, or annually.

The City Council establishes the regular meeting schedule for all boards, commissions and committees. If a regular meeting date falls on a legal holiday, the meeting shall be held at the same hour, same day the following week or may be canceled.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

8 Special meetings
Special meetings may be called by the City Manager, the City Attorney, the City Clerk, the presiding officer, or a quorum of voting members of the public body. Notice of the special meeting must be provided to the public officials at least seventy-two (72) hours in advance, except that for time sensitive business only twenty- four (24) hours’ written notice is required.

Business transacted at any special meeting shall be limited to the subject(s) recited in the notice of the special meeting. Although not required by the Brown Act, a public comment period may be provided at special meetings to allow the public to address the public body on matters not listed on the special meeting agenda.

Adjourned meetings
Any regular or special meeting may be adjourned (continued) to a specified time and place.

Recess of a meeting
A recess of a meeting may be called at the discretion of the presiding officer.

Closed session
Prior to holding a closed session, the City Council or Personnel Board shall disclose, in an open meeting, the item or items to be discussed in the closed session as they are listed on the agenda and may only consider those matters. The City Council or Personnel Board shall publicly report any action taken in closed session and the vote or abstention of every member present thereon as required by state law. No other board, commission, or committee shall conduct a closed session without the prior written consent of the City Attorney.

Quorum
A quorum is more than half (1/2 + 1), of all voting members of the entire public body. A quorum is based on the number of voting members of the full public body. In the absence of a quorum, a lesser number of public officials, the secretary, or City Clerk must adjourn the meeting after fifteen (15) minutes have passed. In addition, if a quorum is lost during the meeting due to a departure of a public official, a lesser number of public officials, the secretary, or City Clerk must adjourn the meeting.

Meetings of a majority of members
A meeting is a congregation of a majority of the members of a public body at the same time and place to hear, discuss, deliberate, or take action on an issue in the subject matter jurisdiction of the public body. Even if no action is taken, a gathering may constitute a meeting.

This includes informal gatherings and electronic communications, with or without public attendance or city sponsorship.

The following situations would not be considered a meeting if a majority of the public body attend as long as: (1) matters within the public body’s jurisdiction are not discussed, unless they are part of the program; and (2) program or events are open to the public:
• Open and publicized local public meeting;
• Open, noticed meeting of another body;
• Social or ceremonial event;
• Open, noticed meeting of a standing committee (can attend but cannot participate); • Individual contacts or conversations among less than a majority of the members and a member of the public.

Although the above examples are generally not considered meetings, the City Attorney should be consulted prior to a majority of the public body attending a “non-meeting.” It is often advisable to notice the meeting or limit the attendance to less than a majority of the public officials.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

9 Deleted: staff
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Character scale: 100%, Not Expanded by /
Condensed by
Formatted: Character scale: 100%
Formatted: Font color: Custom Color(RGB(35,31,32))

Agendas
An agenda shall be prepared for each regular and special meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed on the agenda by the City Manager or the City Attorney. Items may also be placed on the agenda of any regular or special meeting with the consent of a majority of the public body obtained during the “Council/Board Member/Commissioner/Committee/Staff Reports” portion of a public meeting. Members of the public may not place items on the agenda but may request during public comments that an item be placed on a public body’s future agenda. Placement of these items on the agenda is at the discretion of the City Manager, the City Attorney, or the consent of a majority of the public body.

An agenda for each meeting of a public body is prepared by the board, commission, or committee secretary or liaison or the City Clerk for the City Council. The agenda outlines the topics or items of business that will be introduced, discussed, and acted upon at each meeting.

The agenda should include the date, time, and location of a meeting.

The order of business at all regular meetings shall be as follows:
• Call to Order
• Roll Call
• Pledge of Allegiance
• Public Comments
• Consent Calendar
• Requests/Presentations (and public hearings)
• Council/Board Member/Commissioner/Staff Reports
• Adjournment

Call to Order
The presiding officer of the public body shall take the chair precisely at the hour appointed for the meeting, and shall call the meeting to order.

Roll Call
The roll of the members shall be called by the board, commission, or committee secretary or the City Clerk for the City Council and the names of those present shall be entered into the minutes.

Public Comments
Public Comments is intended to allow the public to address the public body on matters not listed on the agenda. Individual comments shall be limited to three (3) minutes and shall not exceed a total of 25 minutes, unless such time is extended by the presiding officer. The presiding officer shall not permit the public to address items which are listed elsewhere on the agenda or which are not within the subject matter jurisdiction of the public body. The public body shall not engage in debate regarding, or take any action on, any matter brought under Public Comments except to refer the matter to staff or to determine that the matter should be included on a future agenda for debate and action.

Consent Calendar
The Consent Calendar consists of items that are routine or noncontroversial in nature. The entire calendar is intended to be acted on in one motion on a roll call vote. Any public official, staff, or the public may remove an item from the Consent Calendar for further discussion.

Items removed from the Consent Calendar for further discussion shall be discussed separately following the approval of the remaining items on the Consent Calendar. If a public official has a question or wishes to remove an item from the Consent Calendar they should call the staff liaison or the City Clerk no later than noon the day of the meeting. The staff liaison or City Clerk

City Council/
Boards, Commissions
& Committees
Administrative
Standards

10 will determine if the item can be handled after the Consent Calendar or if it needs to be held over to the next meeting. The staff liaison or City Clerk shall so inform the presiding officer.

Requests/Presentations
Requests/Presentation items include presentations by staff or others, which may prompt discussion and/or action by the public body.

Public Hearings
Public hearing items include opening the public hearing, presentation by staff, presentation by applicant or appellant, and testimony from the public.

The order of business at public hearings shall be as follows:
• Open public hearing by presiding officer
• Presentation by staff
• Presentation by applicant (unless applicant is appellant) • Presentation by appellant
• Open public comment by presiding officer
• Public comment
• Close public comment by presiding officer
• Rebuttal by appellant
• Rebuttal by applicant (unless applicant is appellant) • Close public hearing by presiding officer
• City Council/board/commission/committee deliberation
• City Council/board/commission/committee action

Council/Board Member/Commissioner/Committee/Staff Reports Council/Board Member/Commissioner/Committee Reports are designed for members of the public body to briefly ask staff for information, ask a question for clarification, make an announcement, report on individual assignments and activities, or to request that an item be placed on a future agenda. The latter requires a majority consensus of the public body.

Caution should be used to avoid any discussion or action on such items. Individuals are allocated five (5) minutes apiece, for comments.

In addition, pursuant to the Travel and Expense Reimbursement Policy adopted by the City Council, public officials shall briefly report on any Brown Act meetings attended at city expense as well as any conferences, educational seminars or meetings with legislators or other governmental officials. If multiple public officials attended that same meeting or event, a joint report may be made.

Staff Reports are designed for staff to make brief announcements and to provide the public body with brief reports on the city’s activities, projects, and services.

Adjournment
A motion to adjourn shall not be debatable. It shall be in order at any time, and; • Cannot interrupt a speaker who has the floor;
• Cannot be amended;
• Must be seconded;
• Cannot be reconsidered;
• Must have a majority vote;
• A motion to adjourn “to another time” is debatable only as to the time to which the meeting is adjourned.

Order of business
The order of business may be changed at any time by the presiding officer or by consensus of the public body.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

11 Deleted: /Staff
Deleted: and staff
Deleted: ¶
Voting
All business requiring approval of the public body shall be taken individually by an affirmative or negative vote and entered into the record, except that where the vote is unanimous it shall be necessary only to state so.

Majority vote
A majority vote is more than half of the votes actually cast. In the event a motion on an item fails to obtain a majority vote, the presiding officer at his or her discretion shall require another motion, continue the item, or (with exception of the Personnel Board or Board of Appeals) refer the item to the City Council without recommendation if the item is before a board, commission, or committee. The number of motions that may be made on an item shall be at the discretion of the presiding officer.

Tie vote
If there is a tie vote on a motion, then the motion shall fail. In the event a motion on an item results in a tie vote, the presiding officer at his or her discretion shall require another motion, continue the item, or refer the item to the City Council without recommendation if the item is before a board, commission, or committee. The number of motions that may be made on an item shall be at the discretion of the presiding officer. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed remains in effect as decided by the decision-making person, board, commission, or committee from which the appeal was taken.

Abstention
An abstention occurs when a public official, although qualified to vote on a motion, chooses not to register his or her vote. An abstention constitutes no vote whatsoever. Public officials abstaining from a vote must clearly indicate for the record the basis for the abstention. A roll- call vote shall be taken to note that the public official was present but did not vote.

Conflict of interest
When a member has a conflict of interest, or the appearance of a conflict of interest, the member must:
• Publicly state the nature of the conflict;
• Step down from the dais and leave the room until consideration of the particular item is finished, unless the item is on the Consent Calendar; • Not be counted toward achieving a quorum while the item is being discussed.

Recommendations
When a board, commission, or committee votes to make a recommendation to the City Council, such items may not be appealed since recommendations are not considered final approvals or decisions.

Official record
Minutes
The Minutes serve as a permanent record of the public body’s official actions. The board, commission, or committee secretary or the City Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the public body, and shall not be required to record any remarks of public officials, or of any other person except at the special request of a public official.

Minutes of the previous meeting shall be provided to the public body prior to each meeting.

The minutes may be approved by majority vote even if one or more of the voting members were not present at the meeting to which the minutes relate.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

12 Correction to Minutes
Members of public bodies are to review minutes and make corrections if needed so that the approved minutes accurately reflect the work of the group. Corrections are made at the meeting when the minutes are brought forward for adoption. Corrections require a motion, second, and a majority vote, and, if approved, are noted in the minutes of the current meeting.

Any changes to the draft minutes approved by the public body will be reflected in the minutes for the meeting at which the corrections are made.

Recordings
A recording may be made of public body meetings. Audio recordings of the meetings are to be kept for one (1) year, and video recordings are to be kept for three years after which time the recordings shall be destroyed. Recordings are not the official minutes of the public body.

Agenda notice requirements
Open Meeting Law
All of the meetings of public bodies are subject to the Ralph M. Brown Act, requiring the entire deliberative process of a public body to be open to the public.

Meetings
A meeting is defined as the convening of members, whether in person or through electronic media or other communications, of the public body for the purpose of exercising the responsibility, authority, power or duties delegated to that body. A meeting is subject to the law whenever the public body meets for official purposes. When a quorum (1/2 + 1) of the members of a public body are present, it is considered a meeting for official purposes.

A meeting does not include social or chance gatherings.

Further, any communication, including emails, social media posts, or other electronic communication or serial conversations between some or all members, could be considered a public meeting. Information or any type of communication to be shared by one member with other members of the public body shall be sent to the staff liaison who will forward it to all members of the public body.

Public notice
The Brown Act requires that all meetings of a governmental body be preceded by an official public notice:
• Regular meetings – when the meeting is held at a regular day, time, and location, the agenda must be posted seventy-two (72) hours in advance of the meeting. • Special meetings – when the meeting is held at a different time, different day, and/or different location than a regular meeting, then the agenda must be posted seventy- two (72) hours in advance of the meeting, except that for time sensitive business the agenda may be posted only twenty-four (24) hours in advance of the meeting. • Adjourned meetings – regular and special meetings may be adjourned or continued to a future day if the business could not be completed at the original meeting. The time and date of the adjourned (continued) meeting must be designated and announced to the members of the public who are present at the time of adjournment, as well as recorded in the minutes.
• An agenda for each meeting of the board, commission, or committee is prepared by the board, commission, or committee secretary or liaison. An agenda for each meeting of the City Council is prepared by the City Clerk. The agenda outlines the topics or items of business that will be introduced, discussed, and acted upon at each meeting.

The agenda shall also include the date, time, and location of a meeting.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

13 Rights of the public
Pursuant to the Ralph M. Brown Act and the First Amendment, the public must be allowed to:
• Attend, observe, and speak at meetings;
• Speak without being required to provide a name, address, or other information; • Record the meeting with audio or video recorder and take photographs; • Review agendas and other documents distributed to a majority of the public body other than those exempt from disclosure;
• Request in writing that the agenda or agenda-related documents be mailed to them for a cost not to exceed the actual cost of providing the service; • Obtain a copy of any audio or video (if it exists) of the meeting (there is no requirement to prepare a transcript) for a cost not to exceed the actual cost of providing the service; • Speak to each item on the agenda and to items under the jurisdiction of the public body;
• Criticize or complain about processes or procedures;
• Protest by wearing messages on clothing, holding signs, or engaging in nonverbal forms of communication.

However, the public’s rights are not unlimited. The presiding officer may have removed any individual for disrupting a meeting. “Disrupting a meeting” means engaging in behavior that actually disrupts, disturbs, impedes, or renders infeasible the ability of the public body to orderly and efficiently conduct the meeting, or substantially interferes with the rights of other audience members. Disruptive behavior includes, but is not limited to, the following:
• Shouting from the audience;
• Interrupting or speaking over a person at the podium who has been recognized to speak by the presiding officer;
• Clapping, booing, or other expressions of support or opposition to a speaker or to the public body’s discussion or decision;
• Verbally harassing or physically confronting audience members, city staff, or public officials;
• Interrupting staff while engaged with the public body; • Interrupting the public body while it is considering a matter; • Continuing to speak at the podium once the presiding officer has announced the person’s time has expired;
• Recording or broadcasting the meeting in a manner that creates noise, illumination, or obstructions of view that constitutes a persistent disruption of the proceedings; • Failing to follow the city’s meeting procedures.

Prior to having the individual removed, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. If they do not promptly cease their disrupting behavior, they can be removed. No warning is required prior to removal if the individual is using force or threatening to use force.

If a group or groups of persons willfully disrupts a meeting and order cannot be restored by the removal of such individuals, the presiding officer after giving a warning may order the meeting room cleared and continue in session. No warning is required prior to removal if the group or groups of persons are using force or threatening to use force. Only matters appearing on the agenda may be considered in such session. Representatives of the press or other news media with valid credentials, except those participating in the disturbance, shall be allowed to attend such session. In addition, the presiding officer may readmit any individuals not responsible for disrupting the meeting.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

14 Formatted: Indent: Hanging: 0.19", Bulleted + Level: 1 + Aligned at: 2.07" + Indent at: 2.32"
Deleted:

As an alternative to removing individual(s), the presiding officer may call a recess to de- escalate the situation.

These rules shall be applied in a viewpoint neutral manner and do not prohibit criticism of the city, city staff, the public body, or city policies, programs, or services.

Americans with Disabilities Act
All legislative meetings open to the public must comply with the Americans with Disabilities Act. If members of the public body or members of the public attending the meetings require special assistance to participate in a meeting, individuals must notify the staff liaison or City Clerk at least seventy-two (72) hours prior to the meeting.

Limited English proficiency
Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English are considered limited English proficient.

If an individual appears before the public body and is limited English proficient and requests assistance, the individual should be provided a certified foreign language interpreter.

Individuals requesting an interpreter must notify the staff liaison or City Clerk at least seventy-two (72) hours prior to the meeting. Pursuant to the Ralph M. Brown Act, individuals using an interpreter shall be provided at least twice the allotted time given to other members of the public.

Presentation material
If an individual plans to make a presentation on an agenda item and plans to use audio/visual materials, he or she must submit all audio/visual materials to the staff liaison or City Clerk at least seventy- two (72) hours prior to the meeting.

Deleted: “Disrupting” is defined under the
Brown Act as engaging in behavior that actually
disrupts, disturbs, impedes or renders infeasible
the orderly conduct of the meeting. It also
means failing to follow the City’s reasonable and
lawful meeting regulations.¶

Composition, responsibilities, and meeting dates of the City of Roseville boards, commissions, and committees

Charter Review Committee
Nine (9) members appointed by the City Council at least every ten (10) years

Responsibilities
Reviews the Charter and presents, or causes to be presented, to the City Council a written report recommending amendments, if any, which should be made to the Charter.

Meetings
The Charter Review Committee, once established, determines meeting day, time and location.

Design Committee
Three (3) members: two (2) members appointed by the City Council; one (1) member appointed by the Planning Commission; and one (1) alternate appointed by the Planning Commission

Responsibilities
• Reviews design-related applications for multiple-residential, commercial, and industrial projects.
• Reviews proposed site plans, architecture, and landscaping for conformance with the city’s general plan, specific plans, and community design guidelines. • Reviews applications required by the city’s sign ordinance.

Meetings
The Design Committee meets the third Thursday of each month at 4:30 p.m. in the Civic Center meeting rooms 1 & 2, 311 Vernon Street.
*The chair of the committee shall be a current member of the Planning Commission. In the absence of the chair and vice chair of the committee, the alternate Planning Commissioner shall act as the presiding officer.

Economic Development Advisory Committee
Seven (7) members appointed by the City Council: one (1) councilmember; one (1) Chamber of Commerce representative; and five (5) industry representatives

Responsibilities
• Ensures goals of the Roseville Economic Development Strategy (Strategy) are being met.
• Provides guidance to staff and recommendations to the City Council on implementation of the Strategy and recommends changes or additions as necessary to reflect changing economic conditions or opportunities.
• Reviews annual economic development work program and budget and makes recommendations to the City Council regarding economic development work program and budget.
• Reports to the City Council at least annually on Strategy progress and effectiveness of the Strategy.
• Review programs which assist existing and prospective businesses.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

15 Deleted: c
Deleted: c

Meetings
The Economic Development Advisory Committee meets on the fourth Tuesday of January, April, July, and October at 1:30 p.m. in the Civic Center, 311 Vernon Street.

Grants Advisory Commission
Seven (7) members appointed by the City Council; additionally, the City Council may appoint a voting youth commissioner

Responsibilities
• Reviews and recommends Citizens’ Benefit Fund (Chapter 4.06) and Roseville Employees Annual Charitable Hearts (“REACH”) fund and grant application processes and policies for grants to be approved by the City Council. • Acts as a forum for public participation in review of Citizens’ Benefit Fund and REACH grant applications.
• Annually reviews and makes recommendations on Citizens’ Benefit Fund and REACH grant applications.
• Monitors approved grants and reviews annual reports for measurable outcomes. • Recommends to the City Council the use of the interest earned by the city on the proceeds of the sale of the Roseville Community Hospital in the award of Citizens’ Benefit Fund grants.

Meetings
The Grants Advisory Commission meets the second Tuesday of each month at 5:30 p.m. in the council chambers, 311 Vernon Street.

Law and Regulation Committee
Two (2) council members, and one (1) alternate appointed by the City Council

Responsibilities
• Requests, considers, and evaluates state and federal legislation, policies and regulations brought before the Committee and makes recommendations to the full City Council on those items.
• Provides input to staff regarding concerns about the effects a specific piece of legislation, policy or regulation might have on the community. • Requests additional information from staff regarding legislation, policies, and regulations.

Meetings
The regular day and time for meetings for the Law and Regulation Committee shall be established by resolution adopted by the City Council, as amended from time to time.

Library Board
Five (5) members appointed by the City Council; additionally, the City Council may appoint a voting youth member

City Council/
Boards, Commissions
& Committees
Administrative
Standards

16 Deleted: Wednesday
Deleted: c
Deleted: c
Deleted: non-
Deleted: except for the months of July and
November, which begins at 7 p.m., …

Responsibilities
• Participates in strategic and long-range planning for the city library system. • Serves as community liaisons/advocates for library programs and services. • Reviews policies and procedures as presented by city library staff. • Represents the library at city-sponsored functions.
• Advises the City Council on important library efforts.

Meetings
The Library Board meets the fourth Monday of odd-numbered months at 6 p.m. at various city libraries.

Local Sales Tax Citizens’ Oversight Committee
Five (5) members appointed by the City Council.

Responsibilities
• Annually, review revenue receipts and expenditures of the Transactions and Use Tax. • Annually, review status of programs and services, funded wholly or partially with proceeds from the Transactions and Use Tax.
• Annually, prepare and present an independent report to the City Council regarding the revenue and expenditures of the Transactions and Use Tax.

Meetings
The Local Sales Tax Citizens’ Oversight Committee meets two to three times per year, or as determined by the City Manager.

Parks and Recreation Commission
Seven (7) members appointed by the City Council; additionally, the City Council may appoint a voting youth commissioner.

Responsibilities
• Reviews and makes recommendations on park projects, department operations, recreation programs, events and related issues.

Meetings
The Parks and Recreation Commission meets the first Monday of each month at 6 p.m. in the council chambers, 311 Vernon Street.

Planning Commission
Seven (7) members appointed by the City Council

Responsibilities
• Makes recommendations to the City Council on general plan, specific plan, zoning and other land use policy areas.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

17 • Reviews and makes recommendations to the City Council on, and where appropriate, approves entitlements for compliance with the general plan, applicable specific plans, and other policy documents.
• Takes final action on major project permits, conditional use permits, tree permits, tentative subdivision maps, variances, and zoning interpretations. • Determines the adequacy and consistency with the California Environmental Quality Act of environmental documentation associated with projects acted upon by the Planning Commission.
• Provides representation of the city at various conferences, before other agencies, etc. • Provides commission members for service on special task forces/ committees, as needed.
• Provides a forum for public involvement for the items listed above.

Meetings
The Planning Commission meets the second and fourth Thursdays of each month at 6:30 p.m. in the council chambers, 311 Vernon Street.

Public Utilities Commission
Seven (7) members appointed by the City Council

Responsibilities
• Studies and advises the City Council regarding all utilities and enterprises owned or operated by the city, including but not limited to, electrical, water, wastewater, recycled water, solid waste, and stormwater.
• Advises the City Council regarding planning, rates, public information, and other matters relating to such enterprises.
• Hears citizen concerns relating to utility operation and/or rates. • Conducts public meetings and public hearings for the purpose of reviewing agreements, proposed utility-related projects, and rates prior to making a recommendation to the City Council.
• Reviews California Environmental Quality Act and National Environmental Policy Act documents for public utility-related projects.
• Advises the City Council regarding the activities of joint powers agencies, if the City Council appoints a representative of the commission to sit as a participant on the board, commission, or committee of a joint powers agency of which the city is a member.
• Quarterly reviews the departments’ progress reports given to the commission to determine the progress of each utility.
• Monitors new emerging technology and services, and when appropriate, makes recommendations to the City Council.
• Provides a forum for public involvement for the items listed above.

Meetings
The Public Utilities Commission meets the fourth Tuesday of each month at 6 p.m. in the council chambers, 311 Vernon Street.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

18 Senior Commission
Seven (7) members appointed by the City Council

Responsibilities
• Investigate opportunities for outside revenue sources (grants) which are or which may be available to provide funding for senior programs and share findings with staff. • Highlight senior programs, services, and resources to the community. • Serve as a forum for commission members’ and residents’ expression of ideas, needs, and concerns, as they affect seniors, particularly in areas over which the City of Roseville has purview
• Respond to requests for recommendations to other commissions, staff, and City Council on programs, special events, policies and services. • Serve as the eyes and ears in the community, bringing pertinent information to staff to help improve senior services.
• Serve as ambassadors throughout the community for the services provided by the City of Roseville.

Meetings
The Senior Commission meets quarterly in February, May, August, and November on the second Wednesday of those months at 2:00 p.m. in the council chambers, 311 Vernon Street.

Transportation Commission
Seven (7) members appointed by the City Council; additionally, the City Council may appoint a voting youth commissioner
Responsibilities:
• Reviews and makes recommendations to the City Council on the general plan circulation element; the bicycle master plan, pedestrian master plan, short and long range transit plan, the capital improvement project plan; specific plan circulation plans; regional transportation plans, the public transit system; bikeway, pedestrian, transit, and roadway capital improvement projects and transportation systems management.
• Reviews and approves transportation systems management plans. • Provides representation of the city at various conferences and before other agencies, as needed,
• Provides a forum for public involvement for the items listed above.

Meetings
The Transportation Commission meets the third Tuesday of each month at 6 p.m. in the council chambers, 311 Vernon Street.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

19 Supplemental meeting procedures

The meeting procedures of the Board of Appeals, Personnel Board, and City Council are substantially unique and are therefore supplemented herein separately. In the event of a conflict between the Uniform Meeting Procedures and these Supplemental
Meeting Procedures, the provisions of the Supplemental Meeting Procedures shall govern.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

20 Board of Appeals
Ten to fifteen (10-15) members appointed by the City Council

Responsibilities
• Serves as an advisory body to the City Council with respect to construction, building, code enforcement, or similar matters.
• Reviews matters as provided under the Uniform Building and Housing codes. • Serves as a pool of hearing examiners for the purpose of formation of each ad hoc hearing examiner panel as provided herein.

Semi-annual meetings
The Board of Appeals meets the second Tuesday of January and July, or as soon thereafter on a date and time as practicable, at 4:00 p.m. in the Civic Center, 311 Vernon Street. A chair and vice chair of the board shall be selected as set forth under the “Roles and responsibilities” section of these Administrative Standards.

Hearing panels
Three (3) members selected by the City Attorney or his or her designee from a pool consisting of the Board of Appeals members.

Responsibilities
• Assembles at the request of the City Attorney and may hear violations of, and consider administrative penalties for, violations of the Roseville Municipal Code or conditions of approval associated with discretionary permits.

Hearing panel
The City Attorney’s office shall fix a reasonable time and date for the convening of the hearing panel to hear and adjudicate claims before it.

Selection of hearing panel chair
A chair for each hearing panel shall be randomly selected by the City Attorney prior to the start of the hearing and shall be announced at the start of the hearing.

Order of business
The order of business at all hearings shall be as follows:
• Call to Order
• Identification of Chair
• Pledge of Allegiance
• Public Comment
• Swear in
• Matters to be Heard
• Staff report, complainant’s statement
• Appellant’s Response
• Rebuttals and Panel Questions
• Panel Discussion
• Panel Decision
• Adjournment

City Council/
Boards, Commissions
& Committees
Administrative
Standards

21 Deleted: c
Deleted: c
Deleted: The
Formatted: Not Expanded by / Condensed by

Conduct of business
Agenda of matters to be heard
An agenda of matters to be heard shall be prepared by the staff liaison and shall be made available a minimum of seventy-two (72) hours before the commencement of the hearing.

Presentation material
If an individual plans to use audio/visual materials, he or she must submit all audio/visual materials to the staff liaison no later than forty-eight (48) hours prior to the hearing.

Announcement of chair
The designation of the chair for the hearing panel will be announced.

Call to order
The chair of the hearing panel shall call the meeting to order.

Swear in
All persons presenting evidence and/or testimony shall be sworn in.

Matters to be heard
The chair shall announce the matter to be heard and the panel may consider any competent and reasonable evidence. The standard of proof shall be based on the preponderance of the evidence. The panel may hear all evidence in its discretion. Formal rules of evidence shall not apply.

Staff report
The enforcement officer shall present a staff report. If applicable, the complainant may testify and present evidence. A copy of any staff report shall be provided to the responsible party/ appellant at least five (5) days prior to the hearing. Additionally, a copy of the staff report shall be provided to the panel members at least five (5) days prior to the hearing.

Response, public testimony
The responsible party/appellant or the representative of the responsible party/appellant may respond to the staff report and/or the complainant. The response may include the presentation of testimony or evidence. Any materials provided by the responsible party/ appellant to the City Attorney’s office prior to the hearing shall also be provided to the panel members at least five (5) days before the hearing. Each side shall have five (5) minutes to make their initial presentation. If a translator is used, the person using the translator shall be provided at least ten (10) minutes for their initial presentation, which may be extended at the discretion of the chair.

Rebuttals and questions
The enforcement officer, the complainant, or the responsible party/appellant may offer rebuttal testimony. Each side shall have two (2) minutes for rebuttal. If a translator is used, the person using the translator shall be provided at least four (4) minutes for rebuttal, which may be extended at the discretion of the chair.

Rebuttal testimony is only to address relevant issues raised by the other party.

Panel discussion
Panel members may ask questions of city staff and of anyone who testified.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

22 Decision
The chair shall close the matter and the panel may then consider the evidence. The hearing panel shall state its determination to the parties, based upon any required findings of fact.

If applicable, the chair will inform the responsible party/appellant of his/her appeal rights.

The panel shall proceed to the next matter to be heard until all such matters have been heard.

Appearances
Responsible party/appellant failure to appear
If the responsible party/appellant fails to appear for the hearing within 15 minutes after the hearing commences, the responsible party’s/appellant’s appeal will be automatically denied.

Complainant failure to appear
If the complainant fails to appear for the hearing within 15 minutes after the hearing commences, the responsible party’s/appellant’s appeal will be automatically granted as to the violation(s) dependent upon the complainant’s testimony. The hearing panel may still hear any violation(s) not dependent upon the complainant’s testimony.

Neither party appears
If both the responsible party/appellant and the complainant fail to appear for the hearing within 15 minutes after the hearing commences, the chair shall postpone the hearing pending rescheduling by the City Attorney. If both the responsible party/appellant and the complainant fail to appear for the rescheduled hearing within 15 minutes after the hearing commences, the responsible party’s/appellant’s appeal will be automatically granted as to the violation(s) dependent upon the complainant’s testimony, and denied as to any violation(s) not dependent upon the complainant’s testimony.

Official record
Minutes of the hearing, set off in paragraphs clearly stating the actions, findings and determinations of the panel, shall be kept by the City Attorney or the City Attorney designee.

Additionally, the record may include a recording of the actual hearing (either audio, video, or stenographical) as technology permits.

Personnel Board
Five (5) members appointed by the City Council
Responsibilities:
• Provides advice to the City Council on all matters relating to personnel administration in the city service.
• Investigates and takes action on complaints of an employee or group of employees alleging unfair treatment resulting from a management decision or lack of decision. • Interprets the city’s rules and regulations governing personnel practices or working conditions.
• Investigates and decides the claim of any person that their application for employment or promotion has not been processed and considered pursuant to the Charter and the personnel rules.
• Hears and decides disciplinary, administrative and employment appeals from employees.
• Reviews and takes action on recommended changes to the personnel rules and regulations.

Meetings

City Council/
Boards, Commissions
& Committees
Administrative
Standards

23 Deleted: c
The Personnel Board meets as needed in the Civic Center, 311 Vernon Street. Deleted: the second Monday of each month at 1:30 p.m.as needed
Deleted: c
Deleted: c

Disciplinary hearings
Legal advisor
An objective legal advisor to the board shall be provided in disciplinary hearings.

Pre-hearing procedures
Not later than seventy-two (72) hours prior to the hearing, the parties shall provide to each other and the board a list of witnesses to be called, and all exhibits to be presented, at the hearing.

Hearing procedures
A. The parties shall be notified of the time and place of the hearing.

1. All hearings shall be conducted in closed session unless the employee requests a public hearing.

2. The employee shall be entitled to appear personally, produce evidence, and be represented by counsel

3. The complainant may also be represented by counsel.

4. The board shall be guided, but shall not be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the board.

5. The parties may present witnesses and cross-examine witnesses B. The presiding officer shall rule on the admissibility of evidence and objections to the examination of witnesses during the hearing. The board may use the services of its counsel which may include assistance with ruling upon procedural questions, objections to evidence, and issues of law.

C. The appellant/employee shall personally attend the hearing. Unexcused failure of an appellant to appear at a hearing shall be deemed a withdrawal of the appeal.

The order of business at disciplinary hearings shall be as follows:
• Call to Order
• Roll Call
• Preliminary Statement (advisor to the Personnel Board) • Documents/stipulations
• Witnesses Sworn
• Opening Statements
• Proof of the Charges
• Proof of the Defense
• Rebuttal (if any)
• Summation
• Board Deliberations
• Board action/open session
• Adjournment

City Council/
Boards, Commissions
& Committees
Administrative
Standards

24 Hearing decision
The board shall affirm, modify, or revoke the recommended personnel action. The board shall announce its decision in open session and thereafter issue a written decision within thirty (30) calendar days of adjournment of the hearing. The written decision shall contain findings of fact and the personnel action approved, if any. The findings may reiterate the language of the pleadings or simply refer to them. The decision of the board shall be certified to the director or designee who recommended the personnel action, and he/she shall enforce the decision.

A copy of the decision shall be delivered to the appellant or his/her designated representative personally or by registered mail. The decision of the board shall be final.

Conduct of business
Closed sessions
Whether a disciplinary hearing is open or closed to the public as permitted by the Brown Act, during the board deliberation concerning its decision, only the board members and the board’s legal advisor shall be present.

At least one week before the date set for the disciplinary hearing, an employee appealing a disciplinary action must notify the human resources director whether the appeal hearing shall be an open or closed session.

Witnesses excluded
Whenever the board is conducting a disciplinary hearing, either the employee, the city, or the board may request that all witnesses be excluded and the chair shall order the exclusion. Notwithstanding the preceding sentence, neither the disciplined employee nor the city’s designated representative shall be excluded, even though one or both may be witnesses in the hearing.

Appeals
Overturning the decision of the human resources director requires an affirmative vote of a majority of the board members present and qualified to act. If there is no majority vote to grant the appeal, the appeal is denied.

Official record
The minutes of the board for closed sessions shall be filed separately and secured for privacy purposes.

Recording of meetings
A professional transcriber/recorder will record closed disciplinary hearings.

City Council
Elective officers
The electors of the city shall elect a council of five (5) members each of whom shall be elected by district by the voters in that district for a four (4) year term of office. Commencing with the General Municipal Election in November of 2020 and every four (4) years thereafter, the voters in the odd-numbered electoral districts shall elect a councilmember. Commencing with the General Municipal Election in November of 2022 and every four (4) years thereafter, the voters in the even-numbered electoral districts shall elect a councilmember. The council shall constitute the legislative and governing body of the city and shall have authority, except as otherwise provided in the Charter, to exercise all powers of the city, and to adopt such ordinances and resolutions as may be proper in the exercise thereof. No councilmember shall serve more than two (2) consecutive four (4) year terms, commencing as of a date subsequent to April 9, 1974. A partial term of less than two (2) years served due to appointment or election

City Council/
Boards, Commissions
& Committees
Administrative
Standards

25 Deleted: C
Deleted:

Deleted:

Deleted:

Deleted: C
Deleted: this
Deleted: c
Deleted: C

to a vacant council seat does not count as a term for purposes of this section of the Charter.

However, a combination of an appointment to a vacant council seat followed by a subsequent election to fill the remainder of the unexpired term of that same vacant seat shall count as a term for purposes of this section of the Charter.

Eligibility for office
Only United States citizens may be elected or appointed officers of the city. Furthermore, in order to be eligible for city office, any councilmember elected or appointed to represent an electoral district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which the candidate seeks election at the time nomination papers are issued.

Assumption of office by, meeting of council, and seating of mayor and vice mayor The council shall be sworn in and assume office, subject to the qualifying provisions of the Charter, upon receipt of a certified statement of the results of the election pursuant to California Elections Code 15372, as it may be hereafter amended. The council shall hold its first meeting at that time. The vice mayor shall be seated by rotation in sequential order of the five (5) districts. Upon termination of a councilmembers’ term of office as vice mayor, the vice mayor shall be seated as mayor. The mayor and vice mayor shall each serve a two (2) year term.

Powers and duties of mayor
The mayor shall be the official head of the city government for purposes of ceremony. The mayor shall serve as the presiding officer at meetings of the City Council and shall decide all questions of order without debate, subject to advice from the City Attorney or the City Attorney designee. The mayor may not make any motion, but may second a motion. The mayor shall have all other rights and privileges of a councilmember.

Vice mayor
In the temporary absence or disability of the mayor, the vice mayor shall exercise the duties and prerogatives of the mayor. The mayor shall, whenever possible, notify the City Clerk of the mayor’s intended absence from the city. In the event both the mayor and vice mayor are unable to perform their duties, the City Council may appoint one of its members to act only as chair of a meeting.

Compensation
Each member of the City Council shall receive a salary that shall be six hundred dollars ($600) per month for each councilmember and the mayor shall receive an additional fifty dollars ($50) per month. Councilmembers may, upon order of the City Council, be reimbursed for reasonable and necessary expenses actually incurred in the service of the city. Confirmation of reimbursement should be received before expenditures are made.

Auxiliary Positions
Councilmembers are expected to attend many meetings outside of the city and may or may not be compensated for their attendance. Every two years the mayor is responsible for bringing recommendations forward for the distribution of these councilmember responsibilities to serve on regional and local agencies, boards, commissions, committees, and joint power authorities. If unable to attend, councilmembers must ensure their alternates can attend to ensure a quorum of members is present.

Councilmember vacancies
A. An office becomes vacant on the happening of any of the following events before the expiration of the councilmember’s term:

City Council/
Boards, Commissions
& Committees
Administrative
Standards

26 Deleted: C
Deleted: C
Deleted: c
Deleted: c
Deleted:

1. Upon any of the grounds listed in Section 1770 of the California Government Code as it now exists or may hereafter be amended.

2. Upon termination of residency in an electoral district by a councilmember elected or appointed to that district unless a substitute residence within the district is immediately declared and established within thirty (30) calendar days after the termination of residency.

B. When a vacancy is, for any reason, anticipated in advance of its actual occurrence, the council shall initiate the appointment or election process in anticipation of the vacancy.

The councilmember who will be vacating the seat may not participate in the process.

C. Any vacancy on the council may be filled by a majority vote of the remaining councilmembers within sixty (60) calendar days after the vacancy occurs. A person appointed by the council to fill a vacancy shall hold office until the next feasible election. A councilmember elected to fill a vacancy thereafter shall hold office for the remainder of the unexpired term. No person may be appointed to the council more than once.

D. If the council fails, for any reason, to fill such vacancy within the sixty (60) day period set forth in subsection c, it shall forthwith call an election for the earliest possible date to fill such vacancy. A councilmember elected to fill a vacancy shall hold office for the remainder of the unexpired term.

E. A partial term of less than two years served either due to an appointment or an election to a vacant Council seat, does not count as a term. Further, a combination of an appointment to a vacant Council seat, followed by a subsequent election to fill the remainder of the unexpired term of the same vacant seat, does count as a term.

F. In the event of a vacancy in the office of mayor, the vice mayor shall be seated as mayor and shall hold office for the remainder of the unexpired term being assumed.

In the event of a vacancy in the office of vice mayor, a vice mayor shall be seated from the electoral district next in rotation and shall hold office for the remainder of the unexpired term being assumed. The filing of vacancies pursuant to this subsection, however, shall not disrupt the normal mayoral and vice mayoral rotation and shall not result in reducing a mayor’s or vice mayor’s scheduled term.

Regular meetings
The council shall hold regular meetings on the first and third Wednesday of each month; provided that, if a regular meeting date falls on a legal holiday, the meeting shall be held at the same hour, same day the following week or may be canceled. An agenda will provide the time and place of the meetings.

Special meetings
Special meetings may be called by the City Clerk, City Manager, City Attorney, or by written request of the mayor or any three (3) councilmembers by providing each councilmember with at least seventy-two (72) hours’ written notice, except that for time sensitive business, only twenty-four (24) hours’ written notice is required. Written notice shall be served personally, electronically, or left at each councilmembers’ usual place of residence, and shall be publicly posted in accordance with the timeframes set forth in this section. Business transacted at any special meeting shall be limited to the subjects recited in the notice of such meeting.

City Council/
Boards, Commissions
& Committees
Administrative
Standards

27 Deleted: c
Deleted: m
Deleted: a

Meeting place
All regular meetings shall be held in the council chambers, 311 Vernon Street, unless, by consensus, the City Council decides to meet elsewhere, in which case, notice of such alternate meeting place shall be posted by the City Clerk in a public place in advance of the proposed meeting in accordance with the Ralph M. Brown Act.

Meetings to be public
Except for closed sessions permitted by general state law, all City Council meetings shall be open to the public and members of the public shall have a reasonable opportunity to be heard.

Quorum
Three (3) councilmembers shall be a quorum for the transaction of business at City Council meetings except as otherwise provided by the Charter. In the absence of a quorum, a lesser number of councilmembers or the City Clerk may adjourn the meeting to a later date.

Attendance and conduct at meetings
The City Council may, by vote of not less than two (2) of its members, enforce orderly conduct and compel the attendance of its members and other city officers at its meetings. Any member of the City Council or other officer of the city who refuses to attend such meetings or conducts themselves in a disorderly manner shall be deemed guilty of misconduct in office. Upon request of the City Council, the City Manager shall designate a police official or officer to serve as the sergeant-at-arms of the City Council.

Council rules
The council shall determine its own rules and order of business subject to the following provisions. There shall be a journal of proceeding or minutes of all council meetings approved by the council and to which the public shall have access at all reasonable times. Within seven (7) days after any regular or special council meeting, the actions taken by the council at the meeting shall be available on the city’s website, and within thirty (30) days after any regular or special council meeting, action minutes of the meeting shall be prepared by the council for its approval.

A vote upon all ordinances and resolutions shall be taken individually by an affirmative or negative vote and entered upon the journal, except that where the vote is unanimous it shall be necessary only to so state.

Order of business
The order of business at all regular meetings of the City Council shall be as follows:
• Closed Session Call to Order
• Closed Session Roll Call
• Closed Session Public Comments
• Closed Session
• Closed Session Report Out
• Closed Session Adjournment
• Call to Order
• Roll Call
• Pledge of Allegiance
• Meeting Procedures
• Presentations
• Public Comments

City Council/
Boards, Commissions
& Committees
Administrative
Standards

28 Deleted: c
Deleted: C

• Consent Calendar
• Minutes
• Bids/Purchases/Services
• Resolutions
• Ordinances (for introduction and first reading)
• Ordinances (for introduction and adoption – appropriation/urgency measures) • Ordinances (for second reading and adoption)
• Reports/Requests
• Ceremonial Documents
• Resolutions
• Ordinances
• Special Requests/Reports/Presentations
• Public Hearings
• Appointments
• Council/Staff/Reports/Comments
• Adjournment

City Council/
Boards, Commissions
& Committees
Administrative
Standards

29 CIVIC CENTER • 311 Vernon Street
Roseville, CA 95678 • roseville.ca.us

Mayor
Bruce Houdesheldt
Phone: 916-365-5863
Email: [email protected]

Vice Mayor
Krista Bernasconi
Phone: 916-223-1060
Email: [email protected]

Councilmembers:

Scott Alvord
Phone: 916-784-0240
Email: [email protected]

Pauline Roccucci
Phone: 916-508-5807
Email: [email protected]

Tracy Mendonsa
Phone: 916-517-7778
Email: [email protected]
City Manager
Dominick Casey
Phone: 916-774-5362
Email: [email protected]

Assistant City Manager
Ryan DeVore
Phone: 916-774-5362
Email: [email protected]

Assistant City Manager/Chief
Financial Officer
Dennis Kauffman
Phone: 916-774-5319
Email: [email protected]

City Attorney
Michelle Sheidenberger
Phone: 916-774-5325
Email: [email protected]

City Clerk
Carmen Avalos
Phone: 916-774-5263
Email: [email protected]

Board/Commission/Committee Liaisons
Board of Appeals
Travis Cochran
Phone: 916-774-5325
Email: [email protected]

Design Committee
Greg Bitter
Phone: 916-774-5294
Email: [email protected]

Economic Development Advisory
Committee
Melissa Anguiano
Phone: 916-774-5284
Email: [email protected]

Grants Advisory Commission
Megan Scheid
Phone: 916-774-5455
Email: [email protected]

Library Board
Natasha Martin
Phone: 916-774-5234
Email: [email protected]

Local Sales Tax Citizens
Oversight Committee
Dennis Kauffman
Phone: 916-774-5313
Email: [email protected]

Parks & Recreation Commission
Jill Geller
Phone: 916-774-5249
Email: [email protected]

Personnel Board
Stacey Peterson
Phone: 916-774-5374
Email: [email protected]

Planning Commission
Greg Bitter
Phone: 916-774-5294
Email: [email protected]

Public Utilities Commission
Daniel Beans
Phone: 916-774-5603
Email: [email protected]

Richard Plecker
Phone: 916-746-1704
Email: [email protected]

Senior Commission
Jeff Nereson
Phone: 916-774-5974
Email: [email protected]

Transportation Commission
Ed Scofield
Phone: 916-774-5449
Email: [email protected]
Formatted: Normal, Indent: Left: 0.36", Space Before:
0 pt, Line spacing: Exactly 12.15 pt
Deleted: ¶
Deleted: Assistant City Manager¶
Dion Louthan Phone: 916-774-5362¶
Email: ¶
Formatted: Font: Not Bold, Character scale: 100%
Formatted: Space Before: 0 pt
Formatted: Font: Not Bold, Font color: White
Deleted: Melissa Anguiano
Formatted: Right: 0", Space Before: 0 pt, Line spacing:

Exactly 12.1 pt
Deleted: 5284
Formatted: Font color: White
Formatted: Font: 10 pt
Deleted: vanguiano
Formatted: Font color: White
Formatted: Font: 10 pt, Font color: White
Formatted: Normal, Indent: Left: 0.36", Space Before:
0 pt, Line spacing: Exactly 12.1 pt

COUNCIL COMMUNICATION
CC #:
3521
File #:
0900-02
Title:

Natural Gas Transportation - Service Agreements
Contact:

Long Zhang 916-774-5652 [email protected]

Meeting Date: 9/4/2024
Item #: 6.11.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute natural gas transportation service agreements with the Pacific Gas and Electric Company (PG&E) for delivery to the Roseville Energy Park (Service Agreement No. 6339329216) and the Roseville Power Plant 2 (Service Agreement No. 1077285083).

BACKGROUND
Roseville Electric Utility maintains a diverse portfolio of generating resources to meet the electric needs of businesses and residences in the City of Roseville. Among these resources are two natural gas facilities that Roseville Electric owns and operates: the Roseville Energy Park (REP) and Roseville Power Plant 2 (RPP2). The natural gas for these plants is supplied through Pacific Gas and Electric Company’s (PG&E) pipeline infrastructure. These local generating facilities are directly connected to our electric system and play a crucial role in maintaining service reliability and keeping electric rates affordable for Roseville residents.

Council approved the current natural gas transportation service agreements with PG&E in December 2022 (Resolutions 22-470 and 22-471). These negotiated gas transportation rates offer more cost-effective delivery services than PG&E’s standard rates, ensuring efficient operation of our natural gas facilities. The current agreements will expire on September 30, 2024, and the new agreements will be effective starting October 1, 2024, through December 31, 2026.

These agreements provide an important mechanism to manage our gas transportation costs associated with the operation of Roseville Electric’s natural gas facilities.

FISCAL IMPACT
The recommended natural gas transportation service agreements are estimated to cost approximately $6 million annually, resulting in an estimated annual savings of about $5 million compared to the PG&E’s standard tariff rate. Funding for these agreements is included in the Electric Department’s FY2024-25 budget in the Electric Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The approval of the contracts meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world.

Goal F - Invest in well-planned infrastructure and growth.

Respectfully Submitted,
Long Zhang, Electric Business Analyst
Daniel Beans, Electric Utility Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-315
REP Agreement
RPP2 Agreement
RESOLUTION NO. 24- 315

APPROVING NATURAL GAS SERVICE AGREEMENTS, BY AND BETWEEN PACIFIC

GAS AND ELECTRIC COMPANY AND THE CITY OF ROSEVILLE, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSVILLE

WHEREAS, Natural Gas Service Agreements, for natural gas transportation service used for fuel deliveries to the Roseville Energy Park (Service Agreement No. 6339329216) and Roseville Power Plant 2 (Service Agreement No. 1077285083) facilities, by and between Pacific Gas and Electric Company and the City of Roseville, have been reviewed by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said agreements are approved and that the City Manager is authorized to execute them on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 20__, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

______________________________
ATTEST: MAYOR

_______________________
City Clerk

Distribution:

Customer (Original)
T&C (Original)
Division (Copy)
Customer Billing (Copy)
Transp. ID No.:

Service Agreement No:

Acct. Rep:

Rep Co. Phone:

Rep External Phone:

Corp. Acct. Rep Name:

Corp. Acct. Rep phone:
7080034
6339329216
Charlene
Alvarez
(916)-650-8957

NATURAL GAS SERVICE AGREEMENT MODIFICATION

REVISED EXHIBITS
The Exhibits to the Agreement dated 04/01/2007 , between Pacific Gas and Electric Company (PG&E), a California Corporation, and CITY OF ROSEVILLE (Customer), have been revised.

The attached Exhibit (s) replace and supersede the Exhibits listed below, and are to be effective (effective date).
[ ] Exhibit A.1 (Rates and Metering Information) [ ] Exhibit
A.2 (Negotiated Terms [ ] and Conditions)
[ ] Exhibit A.EG (Rates and Metering Information) [ ] Exhibit A.EG-NEG (Negotiated Terms and Conditions) [ ] Exhibit A.WSL (Rates and Metering Information) [ ] Exhibit A.NGV4 (Rates and Metering Information) [ ] Exhibit B (Contract Quantities)
[ ] Exhibit C (Scheduling and Operations Data) [ ] Exhibit D (Customer Contact and Billing Addresses) (Signature)
(for Pacific Gas and Electric Company)
(Signature)
Name Name
(Title) (Title)
( Date) (Date)
by (For Customer)
___________________________________________________________ † Information collected on this form is used in accordance with PGE’s Privacy Policy The Privacy Policy is available at pge.com/privacy.

Form No. 79-757
Advice 4350-G/60550-E
March 2021

10/01/2024
X
Austin Hastings
Vice President, Gas Engineering
Dominick Casey
City Manager
CUSTOMER NAME: CITY OF ROSEVILLE Transp.ID No: 7080034 NA

TURAL GAS SERVICE AGREEMENT

EXHIBIT A
.EG-NEG

NEGOTIATED TERMS AND CONDITIONS

2. NEGOTIATED RATES:

Monthly Charge:

Average Monthly LT Fixed Charge 2024: $114,738
Average Monthly LT Fixed Charge 2025: $121,242
A
verage Monthly LT Fixed Charge 2026: $127,241
V
olumetric Charge:

Equal to the G-EG total tariff charge on Preliminary Statement B less $1.67964 per Dth for 2024, $1.7746 per Dth for 2025, and $1.8624 per Dth for 2026 (represents rate with 5% of the local transmission component for each year). The volumetric charge is calculated utilizing the standard G-EG rate as provided in PG&E tariffs and is subject to change anytime during the Term of the contract as defined in Section 1.

3. USE-OR-PAY OBLIGATION:

None

4. OTHER SPECIAL INSTRUCTIONS OR PROVISIONS:

If Exhibit A.EG-NEG is used, then an Exhibits A.EG must also be completed to indicate the standard rates provided in conjunction with the negotiated provisions specified below. Exhibit A .EG is also needed to specify the accounting and
metering information.

NONCORE RATE SCHEDULE(S) AND CONTRACT QUANTITIES:

Customer elects to receive natural gas service under the terms and conditions of Schedule G-EG (Gas T ransportation
Service to Electric Generation) under the negotiated terms and conditions set forth below. All terms and conditions not expressly set forth will be considered to be unchanged from the standard provision specified in Schedule G-EG.

1. TERM
The negotiated provisions indicated in this Exhibit A.EG-NEG shall be for days, or 27 months (only indicate days if these provisions are for less than one (1) month), and become effective on 10/01/2024 (date).

After the end of the initial term, negotiated provision will: (select only one option) [ ] terminate on (end date), or;
[ X ] Continue on a day-to-day basis until terminated upon thirty (30) days written notice by PG&E or Customer. _____________________________________________
Automated Document, Preliminary Statement Part A

Form 79-756, Exhibit A.EG-NEG
Advice 4350-G-A/6050-E-A
March 2021
See Supplemental document for additional terms and information

Confidential
NGSA G-EG LT Supplemental Document - Additional Terms and Conditions

1. Customers who have a Greenhouse Gas (GHG) compliance obligation under the California Cap and Trade program will not pay the AB 32 GHG Compliance Cost and NCA – ARB AB32 COI component of the G-EG rate.

2. This Negotiated Rate Exhibit A. for Gas Transportation Service to Electric Generation (A.EG- NEG) will continue until the implementation of the 2027 Gas Transmission and Storage Cost Allocation Rate Design (GT&S CARD). Should the 2027 GT&S CARD rates not be implemented by January 1, 2027, the previous GT&S CARD fixed local transmission charges and residual local transmission volumetric rate would remain in effect.1 From January 1, 2027, until the 2027 GT&S CARD has been approved and implemented, this rate design will have the fixed rate component as well as the changing volumetric component.

3. PG&E will provide at least thirty (30) days written notice to the customer prior to the termination of the current Negotiated Rate Exhibit A. for Gas Transportation Service to Electric Generation (A.EG-NEG) as per section 1 (Term).
2 4. A customer that elects the Electric Generation Local Transmission (G-EG LT) Fixed/Variable Rate Option has the right to return to the standard all-volumetric rate design if:3 a. The generating facility experiences a forced outage or an unplanned, but reasonably necessary, maintenance outage, in each case lasting at least 6 (six) months, or b. A regulatory or legal change occurs that will substantially reduce the power plant's output or the number of hours per year it operates. Regulatory or legal changes include, but are not limited to, permitting, licensing, or industrywide structural changes beyond the control of the generator.

5. During the initial term of the contract, the customer has the right to cancel the agreement if the Electric Generation (G-EG LT) plant is to be permanently closed or if a regulatory change occurs which will substantially reduce the electric generation plants output or number of hours per year it operates. Regulatory changes include, but are not limited to permitting, licensing, entering, or exiting CAISO markets, or industry-wide structural changes.

6. A customer choosing the G-EG LT Fixed/Variable Rate Option must pay the fixed charge unless a force majeure event takes the plant out of service, or the unit is retired. A customer under the EG-LT Fixed/Variable Rate Option may take the plant out of service for non-force majeure reasons, close its account and avoid paying fixed charges. If it does so, but then re-establishes the service, it must pay a true-up for avoided fixed charges of up to 6 (six) months. 4 7. If PG&E were unable to deliver gas to the customer due to an outage or maintenance on the local transmission system, PG&E will prorate the fixed fee for the duration of the event.

1 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 3. 2 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 3. 3 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 4. 4 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 4.

Transp. ID No.:

Service Agreement No:

Acct. Rep:

Rep Co. Phone:

Rep External Phone:

Corp. Acct. Rep Name:

Corp. Acct. Rep phone:
7090091
1077285083
Charlene Alvarez
(916)-650-8957

NATURAL GAS SERVICE AGREEMENT MODIFICATION

REVISED EXHIBITS
Distribution:

Customer (Original)
T&C (Original)
Division (Copy)
Customer Billing (Copy)
The Exhibits to the Agreement dated 09/01/2010 , between Pacific Gas and Electric Company (PG&E), a California Corporation, and CITY OF ROSEVILLE (Customer), have been revised.

The attached Exhibit (s) replace and supersede the Exhibits listed below, and are to be effective (effective date).
[ ] Exhibit A.1 (Rates and Metering Information) [ ] Exhibit A
.2 (Negotiated Terms [ ] and Conditions)
[ ] Exhibit A.EG (Rates and Metering Information) [ ] Exhibit A.EG-NEG (Negotiated Terms and Conditions) [ ] Exhibit A.WSL (Rates and Metering Information) [ ] Exhibit A.NGV4 (Rates and Metering Information) [ ] Exhibit B (Contract Quantities)
[ ] Exhibit C (Scheduling and Operations Data) [ ] Exhibit D (Customer Contact and Billing Addresses) (Signature)
(for Pacific Gas and Electric Company)
Name
(Title) (Title)
( Date) (Date)
by (For Customer)
___________________________________________________________ † Information collected on this form is used in accordance with PGE’s Privacy Policy The Privacy Policy is available at pge.com/privacy.

Form No. 79-757
Advice 4350-G/60550-E
March 2021

10/01/2024
X
(Signature)
Connie Sabin
Name
Manager, Business Development & Implementation
Dominick Casey
City Manager
CUSTOMER NAME: CITY OF ROSEVILLE Transp.ID No: 7090091

NATURAL GAS SERVICE AGREEMENT
EXHIBIT A.EG-NEG

NEGOTIATED

TERMS AND CONDITIONS
V
olumetric Charge
:

Equal to the G-EG total tariff charge on Preliminary Statement B less $1.67964 per Dth for 2024, $1.7746 per Dth for 2025, and $1.8624 per Dth for 2026 (represents rate with 5% of the local transmission component for each year). The volumetric charge is calculated utilizing the standard G-EG rate as provided in PG&E tariffs and is subject to change anytime during the Term of the contract as defined in Section 1.

3. USE-OR-PAY OBLIGATION:

None

4. OTHER SPECIAL INSTRUCTIONS OR PROVISIONS:

If Exhibit A.EG-NEG is used, then an Exhibits A.EG must also be completed to indicate the standard rates provided in conjunction with the negotiated provisions specified below. Exhibit A.EG is also needed to specify the accounting and metering information.

NONCORE RATE SCHEDULE
(S) AND CONTRACT QUANTITIES:

Customer elects to receive natural gas service under the terms and conditions of Schedule G-EG (Gas Transportation Service to Electric Generation) under the negotiated terms and conditions set forth below. All terms and conditions not expressly set forth will be considered to be unchanged from the standard provision specified in Schedule G-EG.

1. TERM
The negotiated provisions indicated in this Exhibit A.EG-NEG shall be for days, or 27 months (only indicate days if these provisions are for less than one (1) month), and become effective on 10/01/2024 (date). After the end of the initial term, negotiated provision will: (select only one option) [ ] terminate on (end date), or;
[ X ] Continue on a day-to-day basis until terminated upon thirty (30) days written notice by PG&E or Customer.

2. NEGOTIATED RATES:

Monthly Charge:

Average Monthly LT Fixed Charge 2024: $2,798
Average Monthly LT Fixed Charge 2025: $2,957
Average Monthly LT Fixed Charge 2026: $3,103
_____________________________________________
Automated Document, Preliminary Statement Part A

Form 79-756, Exhibit A.EG-NEG
Advice 4350-G-A/6050-E-A
March 2021
See Supplemental document for additional terms and information

Confidential
NGSA G-EG LT Supplemental Document - Additional Terms and Conditions

1. Customers who have a Greenhouse Gas (GHG) compliance obligation under the California Cap and Trade program will not pay the AB 32 GHG Compliance Cost and NCA – ARB AB32 COI component of the G-EG rate.

2. This Negotiated Rate Exhibit A. for Gas Transportation Service to Electric Generation (A.EG- NEG) will continue until the implementation of the 2027 Gas Transmission and Storage Cost Allocation Rate Design (GT&S CARD). Should the 2027 GT&S CARD rates not be implemented by January 1, 2027, the previous GT&S CARD fixed local transmission charges and residual local transmission volumetric rate would remain in effect.1 From January 1, 2027, until the 2027 GT&S CARD has been approved and implemented, this rate design will have the fixed rate component as well as the changing volumetric component.

3. PG&E will provide at least thirty (30) days written notice to the customer prior to the termination of the current Negotiated Rate Exhibit A. for Gas Transportation Service to Electric Generation (A.EG-NEG) as per section 1 (Term).
2 4. A customer that elects the Electric Generation Local Transmission (G-EG LT) Fixed/Variable Rate Option has the right to return to the standard all-volumetric rate design if:3 a. The generating facility experiences a forced outage or an unplanned, but reasonably necessary, maintenance outage, in each case lasting at least 6 (six) months, or b. A regulatory or legal change occurs that will substantially reduce the power plant's output or the number of hours per year it operates. Regulatory or legal changes include, but are not limited to, permitting, licensing, or industrywide structural changes beyond the control of the generator.

5. During the initial term of the contract, the customer has the right to cancel the agreement if the Electric Generation (G-EG LT) plant is to be permanently closed or if a regulatory change occurs which will substantially reduce the electric generation plants output or number of hours per year it operates. Regulatory changes include, but are not limited to permitting, licensing, entering, or exiting CAISO markets, or industry-wide structural changes.

6. A customer choosing the G-EG LT Fixed/Variable Rate Option must pay the fixed charge unless a force majeure event takes the plant out of service, or the unit is retired. A customer under the EG-LT Fixed/Variable Rate Option may take the plant out of service for non-force majeure reasons, close its account and avoid paying fixed charges. If it does so, but then re-establishes the service, it must pay a true-up for avoided fixed charges of up to 6 (six) months. 4 7. If PG&E were unable to deliver gas to the customer due to an outage or maintenance on the local transmission system, PG&E will prorate the fixed fee for the duration of the event.

1 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 3. 2 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 3. 3 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 4. 4 D.24-03-002, Appendix A Settlement Agreement, Attachment 1 All-Customer Group Settlement, p. 4.

COUNCIL COMMUNICATION
CC #:
3529
File #:
0110 & 0201-01
Title:

Parking Management Plan Update - Budget Adjustment
Contact:

Wayne Wiley 916-774-5283 [email protected]

Meeting Date: 9/4/2024
Item #: 6.12.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council adopt an ordinance approving a budget adjustment in the amount of $55,000 from the Strategic Improvement Fund (SIF) for the preparation of an updated Downtown Parking Management Plan.

BACKGROUND
In October 2008, a draft Downtown Parking Management Plan (PMP) was prepared to outline strategies that would maximize the efficiency and effectiveness of parking resources located in the Downtown Specific Plan (DTSP) area. The PMP was developed to ensure parking was properly managed throughout downtown Roseville and Historic Old Town, consistent with the vision of the specific plan. Particular areas of focus included the elimination of free timed parking, development of a valet parking program, implementation of increased parking enforcement, and analysis of available parking supply.

To date, the current development conditions have significantly changed since the initial study was prepared and additional development is currently underway (or proposed). In addition, state legislation (AB 2097) was adopted in 2022, prohibiting public agencies from imposing minimum parking requirements on most development projects located within ½ mile of public transit. As a result, AB 2097 will impact parking in Downtown Roseville and Historic Old Town. Based on the changes that have occurred within the DTSP, and those currently underway, staff proposes an update to the parking management plan to analyze current parking conditions and better understand future parking needs. An updated parking analysis will consider current parking capacity and uses, include an updated parking management program, and evaluate parking needs based on build-out of anticipated downtown redevelopment opportunities. Results of the PMP, along with any implementation of the plan, will be presented to Council at a future date for discussion and adoption.

FISCAL IMPACT
Approval of this budget adjustment results in the appropriation of $55,000 from the City's Strategic Improvement Fund (SIF) and will not impact the General Fund. The proposed PMP update will result in economic impacts that are difficult to quantify at this time but may include potential business expansion opportunities, improved circulation, potential generation of parking fees in the future and better analysis of redevelopment opportunities.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Approval of a budget adjustment meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal D - Enhance economic vitality

Respectfully Submitted,
Wayne Wiley, Economic Development Manager
Melissa Anguiano, Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Ordinance 6864
ORDINANCE NO. 6864

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2024-25, is hereby amended as listed on the attached budget adjustment for the Parking Management Plan Update project.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

EXPENDITURES/EXPENSES/TRANSFERS OUT

REQUEST FOR BUDGET ADJUSTMENT
Updated 5/24/2024
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 1030 5301 54001

55,000 Increase budget for the preparation of the Downtown Parking Management Plan document update

EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 55,000

REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment

REVENUES/TRANSFERS IN TOTAL -

NET ADJUSTMENT 55,000

FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 1030 3601 00000 000000 (55,000) Reduce Strategic Improvement Fund balance 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
FUND BALANCE TOTAL (55,000)

Justification for Budget Adjustment:

Economic Development requests approval of a budget adjustment to allocate $55,000 from the Strategic Improvement Fund (SIF) for the preparation of an updated Downtown Parking Management Plan. This budget adjustment will authorize funds to update an existing parking study that will analyze parking availability, fee-based parking, and parking utilization within the downtown specific plan.

REQUESTER NAME & TITLE: Wayne Wiley, Economic Development Manager FISCAL YEAR: 2024-25 PREPARER NAME & TITLE: Wayne Wiley, Economic Development Manager COUNCIL DATE (if applicable): 09/04/24 DEPARTMENT/DIVISION: Economic Development ORDINANCE:

COUNCIL COMMUNICATION
CC #:
3523
File #:
0800-02 & 0214
Title:

CalRecycle Grant Funding – Capital Improvement Project Approval and Budget Adjustment
Contact:

Michelle White 916-774-5774 [email protected]

Meeting Date: 9/4/2024
Item #: 6.13.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council approve the establishment of a new Capital Improvement Project – CalRecycle Grant - SB 1383 Program Implementation (OWR4) Project (the "Project"), and adopt an ordinance to approve a budget adjustment appropriating $404,054 in the Waste Services Operations Fund to the Project for SB 1383 program implementation.

BACKGROUND
On February 16, 2022, City Council adopted a resolution authorizing staff to submit applications to apply for CalRecycle grant programs which are offered occasionally to local jurisdictions for the collection, management, or recycling of various wastes.

CalRecycle began administering a one-time, non-competitive grant program to provide aid to local jurisdictions in the implementation of SB 1383 regulations. The City of Roseville applied for and was awarded a one-time, advance payment of $404,054 from the available statewide funds. The funds can be used in any of the following SB 1383 areas: capacity planning, collection, edible food recovery, education and outreach enforcement and inspection, program evaluation/gap analysis, procurement requirements, and/or record keeping. The City plans to use these funds to offset the cost of SB 1383 mandates, such as collection containers. To date, Waste Services staff have been actively implementing SB 1383 requirements by conducting pilot studies; planning for organics processing capacity; conducting inspections for the edible food recovery program; providing educational materials to customers; and preparing a procurement policy and municipal code updates that were adopted by City Council on December 15, 2021, and June 1, 2022, respectively.

FISCAL IMPACT
Staff recommends approval of a budget adjustment for $404,054 to capture the grant revenue from CalRecycle and associated expenses. This will be administered through a new project (CalRecycle Grant - SB 1383 Program Implementation) in the Waste Services Operations Fund.

Since the project's expenses will be funded entirely by the grant, there will be no effect on the available resources in the Waste Services Operations Fund. No matching funds are required and there is no fiscal impact to the General Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute Section 21065 and CEQA State Guidelines Section 15060(c)(3) and Section 15378. Approval of a budget adjustment meets the above criteria and is not subject to CEQA. No additional environment review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Michelle White, Environmental Utilities Compliance Administrator Richard Plecker, Environmental Utilities Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Ordinance 6862
ORDINANCE NO. 6862

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 202 4-25, is hereby amended as listed on the attached budget adjustment for the CalRecycle Grant - SB 1383 Program Implementation.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this ______________ day of _________________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:
__________________________
City Clerk
REQUESTER NAME & TITLE: Michelle White, EU Compliance Administrator FISCAL YEAR: 2024-25 PREPARER NAME & TITLE: Linda York, EU Business Analyst COUNCIL DATE (if applicable): 09/04/24 DEPARTMENT/DIVISION: EU/Waste Services ORDINANCE:

EXPENDITURES/EXPENSES/TRANSFERS OUT
BUDGET ($)
Fund Account Center Project Adjustment
6301 5395 84001 700068 404,054
404,054

REVENUES/TRANSFERS IN
BUDGET ($)
Fund Account Center Project Adjustment
6301 4410 84001 700068 404,054
404,054
-

FUND BALANCE
BUDGET ($)
Fund Account Center Project Adjustment
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
-
Justification for Budget Adjustment:

Staff recommends that Council authorize the establishment of a new Non-Capital Multi-Year Project, which is a grant project – CalRecyle FY23 SB 1383 Local Assistance Grant OWR4 Project (the "Project"), and adopt an ordinance to approve a budget adjustment. The City was granted $404,054 from CalRecycle, a department under CalEPA. The Environmental Utilities Waste Services Utility will use this funding to meet regulatory requirements for SB 1383. The budget adjustment estalishes the budget for the grant revenue and accompanying expense, resulting in no net effect on the Waste Services Operations Fund.

FUND BALANCE TOTAL

REQUEST FOR BUDGET ADJUSTMENT
Updated 5/24/2024

ACCOUNT STRING DESCRIPTION

NET ADJUSTMENT

ACCOUNT STRING DESCRIPTION

ACCOUNT STRING DESCRIPTION
Establish expense budget in the new CalRecyle FY23 SB
1383 Local Assistance Grant OWR4 Project

REVENUES/TRANSFERS IN TOTAL
Establish grant revenue budget in the new CalRecyle
FY23 SB 1383 Local Assistance Grant OWR4 Project

EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL

COUNCIL COMMUNICATION
CC #:
3522
File #:
0709-03 & 0201-01
Title:

Sierra Vista Parcel Acquisition Project - Community Development Block Grant Loan Agreement and Budget Adjustment
Contact:

Kristine Faelz 916-774-5451 [email protected]
Claudia Carreno
916-774-5476 [email protected]

Meeting Date: 9/4/2024
Item #: 6.14.

RECOMMENDATION TO COUNCIL
Staff requests that the City Council:

1) Adopt a resolution approving a loan agreement between the City and Greek Orthodox Housing Corporation, funded by the Community Development Block Grant, to fund the Sierra Vista Parcel Acquisition Project for affordable housing development and authorizing the City Manager to execute necessary documents on behalf of the City of Roseville; and

2) Adopt an ordinance authorizing a budget adjustment to increase the Grants Deferred Loans expenditure budget by $571,850 in the Community Development Block Grant Fund.

BACKGROUND
As an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) to promote affordable housing and community development programs for low-income residents. Each year, the City must produce an Annual Action Plan outlining how CDBG funds will be used to address the goals of the five year Consolidated Plan. On May 3, 2023, Council approved the Annual Action Plan for the 2023/24 program year, which included a proposed project to allocate $412,987 toward affordable rental housing development to benefit low-income households and individuals.

In August of 2023, staff released a Notification of Funding Availability (NOFA) in pursuit of a qualified affordable housing developer or project sponsor to award funds to be used for proposed affordable housing development, requesting interested parties to submit proposals for planned projects. The amount of financial assistance allocated to eligible acquisitions under the NOFA was a minimum of $412,987 and up to a maximum of $598,000. No proposals were received in response to the NOFA. In September 2023, staff re-released the NOFA, providing an extended deadline for submissions and two proposals were submitted. Both applications received were deemed incomplete due to lack of sufficient information to determine an award. The NOFA was re-opened for a third time in December 2023. A single application was received from the non- profit organization Greek Orthodox Housing Corporation (GOHC), requesting assistance with acquiring vacant land known as Sierra Vista parcel JM-30, located at 4950 Upland Drive, Roseville (Sierra Vista Parcel Acquisition Project). The project site is already designated for affordable housing in the Sierra Vista Specific Plan.

The developer anticipates acquiring the land by late summer 2024 for development of the Sierra Vista Apartments. The proposed Sierra Vista Apartments is a 176-unit rental project, with a mix of 50 one-bedroom units (approximately 615 SF), 81 two-bedroom units (approximately 840 SF), and 45 three-bedroom units (approximately 1,060 SF). The Sierra Vista Apartments is expected to be completed by 2026 and will be 100% affordable and provide housing for families earning up to 80% of the area median income (AMI) for Placer County. The purchase price for the acquisition of Sierra Vista parcel JM-30 will total $2,000,000 in addition to closing costs. The GOHC’s request to the City is for a $571,850 loan to be used toward the purchase costs. The loan will be funded with CDBG funds from 2023, along with carryover funds from prior year (2020, 2021, and 2022) grants. The GOHC will provide the remaining funds necessary for the Sierra Vista Parcel Acquisition Project.

Staff is requesting approval of the loan agreement and the attached budget adjustment, as well as authority to finalize and sign the Promissory Note, Deed of Trust, and any other documents necessary to fund and issue a CDBG loan to the GOHC for the Sierra Vista Parcel Acquisition Project. Once HUD grants the Authority to Use Grant Funds, the loan documents will be executed. A Regulatory Agreement will be required to establish 176 units for lower-income households and restrict the occupancy, operation, ownership, and management of the project.

Once finalized, staff will bring forward the necessary Regulatory Agreement for Council review and consideration. The recommended agreement before Council will continue to support the City's Regional Housing Needs Assessment (RHNA) goals and General Plan.

FISCAL IMPACT
CDBG funding is provided as a federal grant to the City. These grants are used to offset potential costs to the General Fund and to serve the low-income community. The recommended budget adjustment will increase the Grants Deferred Loans expenditure budget in the Community Development Block Grant Fund by $571,850 to fund the Sierra Vista Parcel Acquisition Project for affordable housing development. This item does not impact the City's General Fund.

ENVIRONMENTAL REVIEW
Development of the Sierra Vista Apartments was previously evaluated in the Sierra Vista Specific Plan EIR (certified May 5, 2010 and SCH# 2008032115), and identified in the associated Sierra Vista Specific Plan. Construction of the Sierra Vista Apartments is found to be within the scope of the project covered by the Sierra Vista Specific Plan Final EIR, and is therefore exempt from CEQA pursuant to Section 15182. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including residential subdivisions. Because the project is consistent with the Sierra Vista Specific Plan Final EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the Sierra Vista Specific Plan EIR will be implemented during the design and construction of the Sierra Vista Apartments. Because the proposed project meets the requirements identified in the State CEQA Guidelines Section 15183, no additional CEQA review is required.

Staff has also completed the necessary National Environmental Protection Act (NEPA) review, as implemented by the Department of Housing and Urban Development (HUD) for the use of CDBG funds at 24 CFR Part 58. As a result of the NEPA review, staff has concluded a finding of no significant impact, as the project will not result in a significant impact on the quality of the human environment.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community

Respectfully Submitted,
Kristine Faelz, Housing Analyst
Melissa Anguiano, Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-316
Loan Agreement
Ordinance 6861
RESOLUTION NO. 24-316

APPROVING A LOAN AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE

AND GREEK ORTHODOX HOUSING CORPORATION, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE IT, THE PROMISSORY NOTE, DEED OF TRUST AND ANY

DOCUMENTS NECESSARY TO FUND AND ISSUE THE COMMUNITY DEVELOPMENT

BLOCK GRANT LOAN, ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, as an entitlement jurisdiction, the City of Roseville receives an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development to promote affordable housing and community development programs for low-income residents; and

WHEREAS, in August of 2023, staff released a Notification of Funding Availability (NOFA) in pursuit of a qualified affordable housing developer or project sponsor to award funds to be used for proposed affordable housing development, requesting interested parties to submit proposals for planned projects; and

WHEREAS, a single application was received from the non-profit organization Greek Orthodox Housing Corporation (GOHC), requesting assistance with acquiring vacant land known as Sierra Vista parcel JM-30, located at 4950 Upland Drive, Roseville (Sierra Vista Parcel Acquisition Project); and

WHEREAS, the proposed Sierra Vista Apartments is a 176-unit rental project and is expected to be completed by 2026; and

WHEREAS, staff is requesting approval of a loan agreement with Greek Orthodox Housing Corporation, as well as the associated Promissory Note, Deed of Trust, and any other documents necessary to fund and issue a CDBG loan to the GOHC for the Sierra Vista Parcel Acquisition project; and

WHEREAS, the Loan Agreement for Greek Orthodox Housing Corporation located at 4950 Upland Drive, Roseville, CA, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that the Loan Agreement with Greek Orthodox Housing Corporation is hereby approved and the City Manager is authorized to execute it as well as the associated Promissory Note, Deed of Trust and other documents necessary to fund and issue a CDBG loan, on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this day of , 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk
B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024
LOAN AGREEMENT FOR 4950 UPLAND DRIVE PROPERTY ACQUISITION (COMMUNITY DEVELOPMENT BLOCK GRANT)

THIS AGREEMENT is made and entered into this ___ day of ___________, 20__, by and between the City of Roseville, a municipal corporation ("CITY") and Greek Orthodox Housing Corporation, a California nonprofit corporation ("SUBRECIPIENT”).

W I T N E S S E T H:

WHEREAS, SUBRECIPIENT is a nonprofit corporation organized under the laws of the State of California and qualifying for federal tax exempt status; and WHEREAS, CITY has allocated Community Development Block Grant (CDBG) funds for SUBRECIPIENT’s acquisition of vacant land located at 4950 Upland Drive (the “Property”); and

NOW, THEREFORE, the parties agree as follows:

1. Loan. CITY hereby agrees to loan CDBG funds to SUBRECIPIENT in an amount not to exceed five hundred seventy-one thousand eight hundred fifty dollars ($571,850.00) (the “Loan”). The amount of the Loan will be determined during the escrow process and made on the terms set forth in this Agreement and in the Promissory Note and Deed of Trust, copies of which are attached hereto as Exhibits “A” and “B,” respectively. Subsequent to the execution of this Agreement, the parties agree to execute the Promissory Note and Deed of Trust in substantially the same forms as Exhibits “A” and “B,” respectively.

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 2

2. Term. The term of this Agreement shall commence upon disbursement of the loan funds (Commencement Date) and shall terminate on the fifty fifth (55th) anniversary of the Commencement Date, if not terminated earlier by reason of default or repayment of the loan.

3. Regulatory Agreement. In consideration for the Loan, SUBRECIPIENT agrees to execute a Regulatory Agreement substantially in the form of that attached hereto as Exhibit “C,” and consents to the recordation of the Regulatory Agreement against the Property. The Regulatory Agreement shall be executed and recorded in concurrence with the Loan.

4. Use of Funds. Use of funds allocated hereunder to SUBRECIPIENT shall be subject to the following express terms and conditions:

A. SUBRECIPIENT shall use all funds provided pursuant to this Agreement exclusively for purchase money financing for acquisition of the real property located at 4950 Upland Drive.

B. SUBRECIPIENT shall continue to use the facility at 4950 Upland Drive to render services only to recipients meeting appropriate income eligibility criteria as provided in the Regulatory Agreement.

C. No funds paid by CITY hereunder shall be used directly or indirectly by SUBRECIPIENT for any lobbying or political activity whatsoever.

D. SUBRECIPIENT shall use all moneys received pursuant to this Agreement in conformity with the applicable provisions of 24 CFR Part 570, issued by the United States Department of Housing and Urban Development (HUD) (Administrative Regulations for Community Block Grants).

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 3
E. SUBRECIPIENT shall use all moneys received pursuant to this Agreement to meet one of the national objectives identified in 24 CFR Section 570.208 for so long as the Regulatory Agreement is in effect.

6. Funds to be Expended During Current Fiscal Year. The loan shall be funded only from the Community Development Block Grant fund during the current fiscal year. All funds borrowed by SUBRECIPIENT under this Agreement shall be disbursed directly into escrow and spent prior to the end of the current fiscal year. All funds not spent within the current fiscal year shall be returned to CITY within thirty (30) days after the conclusion of the current fiscal year.

No other funds of CITY, including without limitation its general fund, shall be liable for any payment under this Loan Agreement, nor is the taxing power of CITY pledged in any manner.

7. SUBRECIPIENT as Independent Entity. SUBRECIPIENT and the agents or employees of SUBRECIPIENT shall act in an independent capacity and not as officers, employees or agents of CITY in performance of this Loan Agreement.

8. Termination:

A. Prior to disbursement of the loan funds, either party shall have the right to terminate this Agreement upon thirty (30) days written notice thereof being served on the other party.

B. In the event that CITY receives communication from the federal government prior to disbursement of the loan funds that funds available to CITY under the Community Development Block Grant Program are to be reduced or withdrawn by the federal government, CITY may at its option terminate this Agreement immediately and Subrecipient shall be released from any obligations under or associated with this Agreement.

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 4
C. Subject to the terms and conditions contained in the Deed of Trust, Promissory Note and Regulatory Agreement, if, through any cause, SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, requirements or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement by giving at least five (5) days written notice to SUBRECIPIENT of such termination, specifying the effective date of such termination. Notwithstanding the above, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY or others by virtue of any breach of this Agreement by SUBRECIPIENT.

D. Borrower may prepay the Loan at any time prior to the expiration of the term of the Regulatory Agreement.

9. No Assignment. This Agreement is not assignable by SUBRECIPIENT either in whole or part, without the express written authorization of City.

10. Time is of the Essence. Time is of the essence of this Agreement.

11. All Terms to be in Writing. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto.

12. Records:

A. SUBRECIPIENT shall maintain all necessary books and records, including property, personnel and financial records, in accordance with requirements prescribed by HUD or CITY with respect to all matters covered by this Agreement. Except as otherwise B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 5
authorized by HUD, such records shall be maintained for a period of three (3) years after receipt of the final payment under this Agreement.

B. Upon request for examination by CITY, SUBRECIPIENT shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. SUBRECIPIENT shall permit CITY to audit, examine and make excerpts or transcripts from these records.

13. Conflict of Interest: No member, officer, or employee of SUBRECIPIENT or its designees or agents, who exercises any function or responsibility with respect to the program during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for activities performed in connection with the program assisted under this Agreement. SUBRECIPIENT shall incorporate, or cause to be incorporated, in all subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.

14. Compliance with Governmental Regulations: SUBRECIPIENT shall, at its sole cost and expense, comply with all applicable municipal, county, state and federal requirements now in force, or which may hereafter be in force pertaining to any and all activities contemplated under this Agreement. Notwithstanding the foregoing, nothing contained in this Agreement, or any other documents associated with the Loan shall be interpreted to require Subrecipient to comply with the Build America, Buy America Act (41 U.S. Code Chapter 83) or similar or related rules, regulations or orders, including, without limitation 2 CFR 184 and Presidential Executive Order 14005.

SUBRECIPIENT shall comply with any applicable provisions of 24 CFR 570, which is available for review in the CITY Economic and Community Services Office.

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 6

15. Fair Employment. SUBRECIPIENT shall comply with the provisions of the Fair Employment and Housing Act (Government Code §12900, et seq.), the regulations promulgated thereunder (2 CCR §7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (§§11135-11139.5) and the regulations or standards adopted by the State of California to implement such article.

SUBRECIPIENT shall give advice of its obligation under this Grant Agreement to labor organizations or contractors with which it has collective bargaining or other agreements.

SUBRECIPIENT shall include nondiscrimination compliance provisions similar to those of this Agreement in all subcontracts to perform work under this Agreement.

16. Discrimination Prohibited: SUBRECIPIENT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, religion, sex, national origin, ancestry, age, or physical or mental disability, as more specifically set forth in Sections 570.602 and 570.601 of the aforesaid HUD Regulations. During the performance of this Agreement SUBRECIPIENT agrees as follows:

A. No person in the United States shall, on the grounds of race, color, religion, national origin, sex, age or disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.

B. SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age or physical or mental disability. SUBRECIPIENT shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, ancestry, age or physical or mental disability. Such action shall B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 7
include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause:

C. SUBRECIPIENT will in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, ancestry, age or physical or mental disability.

17. OMB Circulars:

A. This Agreement is subject to the requirements of the Office of Management and Budget, Circular A-122, “Cost Principles for Nonprofit Organizations,” a copy of which is available for review in CITY’s Housing Division Office.

B. This Agreement is subject to the requirements of the Office of Management and Budget, Circular A-110, “Grants and Agreements with Institutions,” a copy of which is available for review in CITY’s Housing Division Office.

18. Property Ownership and Procurement:A. In the event this Agreement is not fully performed to the satisfaction of CITY, any and all non-expendable furnishings, equipment or other personal property purchased pursuant to this Agreement and having a useful life or more than one (1) year and a purchase price of three hundred ($300) dollars or more and not consumed in the performance of this Agreement shall become the property of CITY. Such property shall be delivered to CITY upon written notification by CITY to SUBRECIPIENT.

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 8
B. Property acquired in whole or in part with funds provided pursuant to this Agreement shall be managed in accordance with the provisions of OMB A-110 (Revised).

C. Upon termination of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of termination and any accounts receivable attributable to the use of CDBG funds.

19. Indemnification. To the fullest extent allowed by law, SUBRECIPIENT shall defend, indemnify, and save and hold harmless CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of SUBRECIPIENT’s negligence or willful misconduct in the performance of this Agreement, save and except those matters arising from CITY's sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed.

SUBRECIPIENT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnity obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

20. Insurance. During the term of this Agreement SUBRECIPIENT shall maintain in full force and effect the following policies of insurance:

COVERAGE LIMITS OF LIABILITY

Workers’ Compensation Statutory

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 9
Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate
Personal Injury:
$1,000,000 each occurrence
$2,000,000 aggregate

Automobile Liability $1,000,000 combined single limit

a. Form. SUBRECIPIENT shall submit a certificate evidencing such coverage for the period covered by this Agreement in a form satisfactory to Risk Management and the City Attorney, prior to undertaking any work hereunder. Any insurance written on a claims made basis is subject to the approval of Risk Management and the City Attorney. b. Additional Insureds. SUBRECIPIENT shall also provide a separate endorsement form or section of the policy showing CITY, its officers, agents, employees and volunteers as additional insureds for each type of coverage, except for Workers’ Compensation and Professional Liability. Such insurance shall specifically cover the contractual liability of SUBRECIPIENT. The additional insured coverage under the SUBRECIPIENT’s policy shall be primary and noncontributory, as evidenced by a separate endorsement or section of the policy, and shall not seek contribution from CITY’s insurance or self-insurance. In addition, the additional insured coverage shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 01 Endorsement. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds..

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 10
c. Cancellation/Modification. SUBRECIPIENT shall provide ten (10) days written notice to CITY prior to cancellation or modification of any insurance required by this Agreement.
d. Umbrella/Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract) before CITY’s own insurance shall be called upon to protect it as a named insured. e. Reserved.
f. Self-Insured Retentions. Any self-insured retentions (“SIR”) of SUBRECIPIENT must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right. g. Waiver of Subrogation. SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss under a Workers Compensation, Commercial General Liability or Automobile Liability policy. All Workers Compensation, Commercial General Liability and Automobile Liability policies shall be endorsed with a waiver of subrogation in favor of CITY, its officers, agents, employees and volunteers for all worked performed by SUBRECIPIENT, its employees, agents and subcontractors.

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 11
h. Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve SUBRECIPIENT of liability in excess of such coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provisions of this Agreement or law.

21. Notice. Any notice required by this Agreement shall be delivered or sent by first class mail, United States postage prepaid, addressed as follows:

CITY SUBRECIPIENT

City of Roseville Makis Stathopoulos
City Manager Greek Orthodox Housing Corporation
311 Vernon Street 4120 Douglas Blvd #306-511
Roseville, CA 95678 Granite Bay, CA 95746
Either party may amend its address for notice by giving notice to the other party.

22. Successors in Interest. This Agreement shall be binding upon the heirs, successors, executors, administrators and assigns of the respective parties hereto.

23. Attorney’s Fees; Venue; Governing Law. If either party commences any legal action against the other party arising out of this Agreement or the performance hereof, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorney’s fees. Any action arising out of this Agreement shall be brought in Placer County, California, regardless of where else venue may lie. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

24. Modification. This Agreement and each provision contained herein may be waived, amended, supplemented or eliminated only by mutual written agreement of the parties.

Secretary
B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 13
City Attorney

APPROVED AS TO SUBSTANCE:

BY: ________________________

MELISSA ANGUIANO
Economic Development Director

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 14

EXHIBIT A

FORM OF PROMISSORY NOTE

PROMISSORY NOTE SECURED BY DEED OF TRUST

$____________ Date:__________________

1. FOR VALUE RECEIVED, the undersigned, GREEK ORTHODOX HOUSING CORPORATION, a California nonprofit corporation ("Maker"), promises to pay to the order of the CITY OF ROSEVILLE, a municipal corporation ("Lender"), the principal sum of five hundred seventy-one thousand eight hundred fifty dollars ($571,850.00) (the "Loan"), together with interest thereon in the manner provided for below.

2. Maker and Lender have entered into that certain Loan Agreement dated ______________, 20__ (the "Loan Agreement"). Capitalized terms not defined in this Note shall have the meanings ascribed in the Loan Agreement. Pursuant to the Loan Agreement and the exhibits thereto, Lender is loaning to Maker certain funds in the amount of the Loan for acquisition of the Property. The Loan shall be due and payable on the terms contained in Section

3.2 of this Note.

3. Loan.

3.1 The Loan shall bear 3% simple interest.

3.2 This Note is payable upon expiration of the term, or payable upon default of the Deed of Trust and Assignment of Rents Containing Covenants and Restrictions (the "Deed of Trust") of even date herewith and recorded against the Property; provided, however, that upon default of the Loan Agreement, the Deed of Trust or this Note the holder shall be entitled to exercise any remedies to which it may be entitled, including the imposition of the default rate of interest provided for in Section 5 herein.

3.3. The term of this Note is fifty-five (55) years.

4. This Note is secured by the Deed of Trust, which creates a lien upon the Property.

5. The Deed of Trust requires that the Property be used in the manner specified by the Deed of Trust for a period of thirty (30) years from the date thereof. In the event of any default of the Deed of Trust or this Note, simple interest shall accrue at the rate of ten percent (10%) (the "Default Rate") from the date of default. The portion of the principal amount of this Note subject to accrual of interest shall be computed by multiplying 1 /360 times the number of unexpired months of the term of this Note as of the date of default, times the total principal amount disbursed under this Note.

2 6. Maker shall have the right to prepay the principal amount of this Note, in whole or in part, at any time, together with interest at the Default Rate, computed as if in the event of default as set forth in Section 5 above.

7. Upon any default, the holder of this Note may apply payments received on any amounts due hereunder or under the terms of any instrument now or hereafter evidencing or securing the indebtedness as said holder may determine and, if the holder of this Note so elects, notice of election being expressly waived by Maker, the principal remaining unpaid with accrued interest shall at once become due and payable.

8. The Maker waives presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note and agrees to pay all costs of collection when incurred, including reasonable attorneys fees, and to perform and comply with each of the covenants, conditions, provisions and agreements of any of the undersigned contained in every instrument now evidencing or securing said indebtedness. No extension of the time for the payment of this Note or any installment hereof made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the original liability under this Note, either in whole or in part, of any of the undersigned not a party to such agreement.

9. Notwithstanding anything to the contrary herein, except as expressly permitted under the Loan Agreement, this Note shall be due in full upon the sale, transfer or encumbrance of the Property encumbered by the Deed of Trust, as provided in the Deed of Trust, subject to the provisions of Section 16 of the Deed of Trust, which is incorporated herein by reference.

10. At the election of Lender, any material default by Maker of the terms of the Loan Agreement or the Deed of Trust shall be a default of this Note.

11. Nothing in this Note shall create any relationship between Maker and Lender, other than a debtor-creditor relationship. Maker and Lender shall not be partners, joint venturers, equity venturers, or any other form of partnership or venture.

12. The provisions of this Promissory Note shall inure to the benefit of and be binding on the successors and assigns of the parties.

3 MAKER:

GREEK ORTHODOX HOUSING CORPORATION,
a California nonprofit corporation

By:

Its:

By:

Its:

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 15

EXHIBIT B

FORM OF DEED OF TRUST

RECORDING REQUESTED BY AND WHEN
RECORDED, PLEASE RETURN TO:

City Clerk

CITY OF ROSEVILLE
311 Vernon Street
Roseville, CA 95678

Exempt from recording fees
Pursuant to Gov’t Code § 27383

Deed of Trust and Assignment of Rents
Containing Covenants and Restrictions

THIS DEED OF TRUST is made as of , 20 , by and between the Trustor, GREEK ORTHODOX HOUSING CORPORATION, a California nonprofit corporation ("Borrower"), whose address is 4120 Douglas Boulevard Suite 306511, Granite Bay, CA 95746- 5936; the Trustee, ________________, whose address is _______________________________; and the Beneficiary, THE CITY OF ROSEVILLE, whose address is 311 Vernon Street, Roseville, CA 95678 ("Lender").

Borrower, in consideration of the indebtedness described below and the trust created by this Deed of Trust, irrevocably grants and conveys to Trustee, in trust with power of sale, the property ("Property") located in the City of Roseville, County of Placer, State of California and described in Exhibit "A", attached to and made a part of this Deed of Trust.

Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, steam and hot water boilers, stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating equipment, cabinets, mantels, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, furniture, shades, awnings, screens, blinds and other furnishings, now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are herein referred to as the “Property;”

To secure to Lender (a) the repayment of the indebtedness evidenced by Borrower's note of even date herewith ("Note"), in the principal sum of five hundred seventy-one thousand eight hundred fifty dollars ($571,850.00), or such lesser amount as shall equal the aggregate amount disbursed to Borrower or for Borrower's account by Lender, in accordance with the Note; and (b) the performance of the covenants and agreements of Borrower contained in this Deed of Trust, the

2 Note and the Loan Agreement for 4950 Upland Drive Property Acquisition (Community Development Block Grant) ("Loan Agreement").

Borrower represents and covenants that Borrower is lawfully seized of the estate conveyed by this Deed of Trust and has the right to grant and convey the Property, and that Borrower will warrant and defend generally the title of the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property.

Borrower and Lender covenant and agree as follows:

1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest, if any, on the indebtedness evidenced by the Note. All payments received by Lender under the Note shall be applied by Lender first to interest payable on the Note, if any, and thereafter to the unpaid principal of the Note.

2. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property and leasehold payments or ground rents, if any, by Borrower making payment, when due, directly to the appropriate payee. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall pay when due any encumbrance, charge and lien, with interest in accordance with its terms, on the Property or any portion which are inferior or superior to this Deed of Trust.

3. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards under a policy approved by Lender and which provides "special form" coverage in an amount at least equal to the replacement value of the structure. In addition, Borrower shall insure against loss of all furniture, equipment and other personal property owned by Borrower related to Borrower's operation of the Property.

The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid by Borrower making payment, when due, directly to the insurance carrier, or in a manner agreed to by the Lender.

All insurance policies and policy renewals shall be written with loss payable to the Lender. Lender shall have the right to hold the policies and policy renewals, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.

Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not hereby

3 impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to repay the sums secured by this Deed of Trust.

Unless Lender and Borrower otherwise agree in writing, any such application of insurance proceeds to principal shall not extend or postpone the due date of any payment or change the amount of such payment. If under Section 17, the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and proceeds of such policies resulting from damage to the Property prior to the sale of acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition.

4. Liability Insurance. Borrower shall maintain premises liability insurance for the Property in a form and coverage approved by Lender. The insurance carrier shall be chosen by the Borrower subject to approval by the Lender; provided, that such approval shall not be unreasonably withheld. All premiums shall be paid by Borrower. Lender shall be named as an additional insured.

5. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment, demolition, or deterioration of the Property.

6. Protection of Lender's Security. Borrower shall appear in and defend any action or proceeding purporting to affect the security under this Deed of Trust or the rights of the Lender. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, foreclosure, involuntary sale, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs.

Any amounts disbursed by Lender pursuant to this Section, with interest, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this Section shall require Lender to incur any expense or take any action.

7. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower and occupants notice prior to any such inspection.

8. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of all or any part of

4 the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a taking of all of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, subject to any claims of prior lienholders, with the excess, if any, paid to junior lienholders and Borrower, as they may determine. In the event of the partial taking of the Property, unless Borrower and Lender otherwise agree in writing, and subject to any claims of prior lienholders, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to junior lienholders and Borrower, as they may determine.

If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.

Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of any payment or change the amount of such payment.

9. Borrower Not Released. Extension of the time for payment of the sums secured by this Deed of Trust granted by Lender to Borrower or any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment by reason of any demand made by the original Borrower or Borrower's successors in interest.

10. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.

11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust, the Note, the Loan Agreement or afforded by law or equity, and may be exercised concurrently, independently or successively.

12. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements contained in this Deed of Trust shall bind, and the rights under this Deed of Trust shall inure to, the respective successors and assigns of Lender and Borrower. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or to define its provisions.

5 13. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the address above, or at such other address as Borrower may designate by notice to Lender and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated above or to such other address as Lender may designate by notice to Borrower.

Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated.

14. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the State of California. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, unless expressly stated otherwise, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.

15. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note, the Loan Agreement and this Deed of Trust at the time of execution or after recordation hereof.

16. Transfer or Refinancing of the Property; Assumption. If all or any part of the Property or an interest in the Property is sold or transferred or refinanced by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the refinancing, sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the loan may be assumed. If Lender has waived the option to accelerate provided in this Section and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust, the Note and the Loan Agreement.

If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration. Such notice shall provide a period of not less than 30 days from the date the notice is mailed, within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by Section l7.

17. Acceleration; Remedies. Except as provided in Section 16, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, the Note or the Loan Agreement (including the covenants to pay when due any sums secured by this Deed of Trust and restricting transfer of the Property), Lender shall mail notice to Borrower specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, no less than 30 days from the date the notice is mailed to Borrower, by which the breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the

6 Property. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable attorney's fees.·

If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any portion of the Property is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale, in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale.

Trustee shall deliver to the purchaser a Trustee's deed conveying the Property so sold without any covenant or warranty, express or implied. The recitals in the Trustee's deed shall be conclusive evidence of the truth of the statements contained in the recitals.

Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust and (c) the excess, if any, to the person or persons legally entitled thereto as determined by Lender. In the event of a dispute regarding the excess funds, either Lender or Trustee may file an action in interpleader to determine who shall receive the funds and may then deposit the excess funds with the court.

18. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security, Borrower assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Section 16 or Section 17 or abandonment of the Property, have the right to collect such rents as they become due.

Upon acceleration under Section 16 or Section 1 7 or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property, including those past due. All rents collected by Lender or the Receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. The

7 provisions of this Section, Section 16 and Section 17 shall operate subject to the claims of prior lienholders.

19. Operational Covenants and Permitted Use Restrictions. The permitted use of the Property under this Deed of Trust shall be only for Borrower's operation of a transitional housing facility providing housing and support services for six adults transitioning from homelessness to self-sufficiency. Borrower shall cooperate with Lender in entering into and adhering to the terms of a memorandum of understanding or similar agreement with Lender, a neighborhood association or similar neighborhood or municipal entity designated by Lender, in order to facilitate continued positive relationships between Borrower and its neighbors and to support the continuing success of the program operated by Borrower at the Property. Any change in use or cessation of such transitional housing and support services or other failure of compliance with the requirements of this paragraph will constitute a material default of this Deed of Trust and shall give rise to Lender's right to invoke any and all remedies available at law or in equity, including but not limited to the remedies provided in Section 17 or Section 18 above.

20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to such reconveyance. Such person or persons shall pay all costs of recordation, if any. The recitals, in the reconveyance, of any matters or facts shall be conclusive evidence of the truth of the statements contained in the recitals.

21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed under this Deed of Trust.

Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee by this Deed of Trust and applicable law.

22. Request for Notice. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address.

23. Statement of Obligation. Lender may collect a reasonable fee for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California, as it may be amended from time to time.

24. Use of Property. Borrower shall not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed.

8 IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.

BORROWER:

GREEK ORTHODOX HOUSING
CORPORATION, a California nonprofit
corporation

BY:

Its:

and

BY:

Its:

9 10

B:\Economic Development\Housing\CDBG\2023 Activities\2 - Affordable Rental and Transitional Housing Development\Loan docs\GOHC Loan Agreement.docx07/25/2024 16

EXHIBIT C

FORM OF REGULATORY AGREEMENT
1 AFFORDABLE HOUSING REGULATORY AGREEMENT

(Project: 4950 Upland Drive, Roseville)

This Affordable Housing Regulatory Agreement (“Regulatory Agreement”) is made this day of , 2024 (“Effective Date”), by and between the City of Roseville, a municipal corporation (“CITY”), and Greek Orthodox Housing Corporation (“DEVELOPER”).

RECITALS

A. WHEREAS, DEVELOPER proposes to purchase real property located at 4950 Upland Drive in Roseville, California as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference.

B. WHEREAS, DEVELOPER specifically proposes to develop a one hundred seventy six (176) unit multi-family apartment project on the Property, eighty-eight (88) of which shall be rented at rents that are affordable to low income (80% of Area Median Income (AMI)), and eight- eight (88) of which shall be rented at rents that are affordable to very low (50% AMI) income households (collectively, the “Regulated Units”), with up to one manager’s unit.

C. WHEREAS, the Project is intended to serve as a community resource by providing decent, safe, and sanitary housing for households which would otherwise be unable to afford such housing.

D. WHEREAS, the CITY has agreed to provide DEVELOPER with financial assistance in the form of a loan in the combined principal amount of five hundred seventy one thousand eight hundred fifty dollars ($571,850) to assist DEVELOPER in the construction and permanent financing of the Project (the “Loan”).

E. Reserved.

F. DEVELOPER is simultaneously: (1) executing one Loan Agreement, one Promissory Note and one Deed of Trust evidencing and regulating certain aspects the Loan; (2) recording the Deed of Trust to secure the Loan; and (3) as further consideration for the Loan, and to further the public interests of the CITY in seeing the Project maintained as affordable housing, DEVELOPER is executing and recording this Regulatory Agreement. The Loan Agreement, the Promissory Note, the Deed of Trust and this Regulatory Agreement are collectively referred to herein as the “Loan Documents.”

G. The Loan is being made to DEVELOPER at an interest rate below the market rate in order to help achieve financial stability for the Project and to increase the supply of affordable rental housing in the CITY. In consideration for the Loan, DEVELOPER has agreed to observe all the terms and conditions set forth below.

2 NOW, THEREFORE, DEVELOPER and the CITY hereby agree as follows:

DEFINITIONS

The following terms have the meanings set forth herein wherever used in this Regulatory Agreement or attached exhibits.

1. “CITY” means the City of Roseville, a municipal corporation.

2. “AREA MEDIAN INCOME” (referred to herein as “AMI”) means the median income for the Metropolitan Statistical Area which includes the City of Roseville (“MSA”), with adjustments for household size, as determined from time to time by the U.S. Department of Housing and Urban Development (“HUD”) pursuant to Section 8(f)(3) of the United States Housing Act of 1937 as amended, or such other method of median income calculation applicable to the City of Roseville that HUD may hereafter adopt in connection with said Act. If HUD should cease making such determination, the CITY may designate another method of calculation of area median income used by any federal or state agency and applicable to the City of Roseville.

3. Intentionally deleted.

4. “DEED OF TRUST” means the Deed of Trust executed contemporaneously with this Regulatory Agreement and recorded against the Property as security for the Loan and other obligations by DEVELOPER, as trustor and the CITY as beneficiary, as well as any amendments to, modifications of, and restatements of said Deed of Trust.

5. “DEVELOPER” means Greek Orthodox Housing Corporation, together with its permitted successors and assigns.

6. “LOAN” means the loan of funds provided by the CITY to DEVELOPER for the Project.

7. “LOAN DOCUMENTS” means, collectively, the Promissory Notes, the Deeds of Trust and this Regulatory Agreement for the Project, as they may be amended, modified, or restated from time to time, along with all exhibits and attachments to these documents.

8. “NOTES” mean the promissory notes executed contemporaneously with this Regulatory Agreement by DEVELOPER in favor of the CITY evidencing the Loans, which are secured by the Deeds of Trust, as well as any amendments to, modifications of, or restatements of said promissory note(s). The Notes are on file with the City of Roseville.

9. “PROJECT” means the development, construction and operation of a no fewer than 176 unit residential, multi-family rental apartment project on the Property to be rented at rents that are affordable to Low, and Very Low income households, up to one (1) unregulated manager’s unit and any additional improvements, landscaping, roads, and parking spaces existing thereon, as the same may from time to time exist.

10. “PROPERTY” means the real property located at 4950 Upland Drive, Roseville, California, 95678 identified and described in Exhibit A, attached hereto and incorporated into this Regulatory Agreement by this reference, and any buildings or improvements now or hereafter situated on such real property.

3 11. “QUALIFYING HOUSEHOLD” means a household in which household income does not exceed the percentage of Area Median Income prescribed for the applicable housing unit by the terms of this Regulatory Agreement.

12. “QUALIFYING RENT” means the maximum monthly rent allowed under Exhibit B “adjusted for family size appropriate to the unit” (as such term is defined by California Health and Safety Code Sections 50052.5 and 50053) including a reasonable allowance for tenant-paid utilities (also known as Utility Allowance). During the period a regulatory agreement governing the allocation and award of any federal tax credits is in effect, Qualifying Rent may be determined in accordance with such regulatory agreement and 26 U.S.C., Section 42, for initial and ongoing occupancy of tenants.

13. “REGULATED UNITS” means ( ) rental dwelling units of the ( ) rental dwelling units on the Property constructed for the Project that shall be rented at rents that are affordable Low and Extremely Low income households and having the following composition: ( ) (1) bedroom units, ( ) two (2) bedroom units, and ( ) ( ) bedroom units.

DEVELOPER’S OBLIGATIONS

14. COMPLIANCE WITH LOAN DOCUMENTS. DEVELOPER’s actions with respect to the Property and the use of Loan funds shall at all times be in full conformity with the requirements of the Loan Documents.

15. TERM OF AGREEMENT. This Regulatory Agreement shall commence upon the Effective Date and shall remain in full force for a period of fifty-five (55) years from the date of recordation of the first Certificate of Occupancy, whether permanent, temporary or conditional, or, in the event the Project has multiple buildings or structures, a Certificate of Occupancy for the last habitable building or structure for the Project. The obligations in this Regulatory Agreement shall remain effective and fully binding on DEVELOPER for the term of this Regulatory Agreement regardless of any expiration of the term of any loan, any payment, or prepayment of any loan, any assignment of a note, any reconveyance of a deed of trust, or any sale, assignment, transfer, or conveyance of the Property (other than certain transfers by foreclosure, deed in lieu of foreclosure, exercise of the power of sale or other similar transfer), unless terminated earlier by the CITY in a recorded writing.

PROJECT OCCUPANCY AND RENTS

16. OCCUPANCY OF PROJECT. DEVELOPER shall limit, for the full term of this Regulatory Agreement the rental of Regulated Units to Qualifying Households according to the schedule contained in Exhibit B herein, which is hereby incorporated by reference into this Regulatory Agreement. The income levels and other qualifications of applicants shall be certified prior to initial occupancy in conformance with the Final Management Plan and the City of Roseville’s rules governing income certification, as these rules may be amended from time to time by California law or as required in order to comply with California law. Specifically, DEVELOPER covenants and agrees that for the full term of this Regulatory Agreement it shall reserve for occupancy: (i) _ _ ( ) one-bedroom, ( ) two-bedroom, and ( ) three- bedroom Regulated Units for households whose income does not exceed thirty percent (30%) of AMI; and ( iv) ( ) two-bedroom, and ( ) three-bedroom Regulated Units for households whose income does not exceed sixty percent (60%) of AMI. The remaining two (2) unregulated units shall include at least one two bedroom unit reserved for use by on-site Project management staff.

4 Preference shall be given to prospective tenants who are elderly, disabled, veterans (persons who served in the active military, naval, or air service and who were discharged or released from such service under conditions other than dishonorable), and persons who are residents and/or who are employed within the City of Roseville at the time of rental application to the extent permitted under applicable law, regulations and state and federal affordable housing guidelines.

The Project shall be owned, managed and operated as a single, multi-family residential rental project, which may be comprised of several buildings and structures, each consisting of more than one residential dwelling unit, together with facilities functionally related and subordinate thereto, in accordance with the applicable provisions of the Internal Revenue Code and applicable California law, as the same may be amended from time to time. All of the residential dwelling units in the Project will be similarly constructed and shall contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or family, including sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. None of the residential dwelling units shall be utilized, at any time, on a transient basis. Neither the Project, nor any portion thereof, shall ever be used as a hotel, motel, hostel, vacation rental, dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer park, or court.

DEVELOPER shall further ensure that reasonable support services for the residents of this Project are provided, such as, but not limited to, life skills training, social and recreational programs, educational, health and nutritional programs, and computer training.

17. PROJECT RENTS. Rents for Regulated Units shall be limited to Qualifying Rents as set forth in Exhibit B as the same may be revised from time to time in accordance with this Regulatory Agreement and applicable federal or state laws and regulations. Rent shall be no greater than considered “affordable rent” for the applicable household pursuant to Sections 50052.5 and 50053 of the California Health and Safety Code, as amended, or any successor statute thereto, including the use of a CITY-approved utility allowance. Nothing in this Regulatory Agreement shall prevent DEVELOPER from charging lower rents.

18. SECURITY DEPOSITS. Any security deposits collected by DEVELOPER or DEVELOPER’s agent shall be kept separate and apart from all other funds in a trust account with a depository insured by the Federal Deposit Insurance Corporation or other comparable federal deposit insurance program and shall be held and disbursed in accordance with California law. The balance in the trust account shall at all times equal or exceed the aggregate of all outstanding obligations, plus accrued interest thereon.

19. RENTAL INCREASES FOR EXISTING TENANTS ON THE PROPERTY.

Irrespective of when income limits are published under applicable tax credit law, rents for Regulated Units may be adjusted no more frequently than: (a) after the initial twelve (12) months following the date of initial occupancy or (b) every twelve (12) months following the last permissible date of recorded rental adjustment. Additionally, in no event shall the amount of annual rent increase result in a total rent amount that is in excess of that allowed by the Tax Credit Law. Rents for Regulated Units may be adjusted annually to the then current California Tax Credit Allocation Committee Rent Limits.

20. CONDOMINIUM CONVERSION PROHIBITED. DEVELOPER shall not convert Project units, including Regulated Units and/or any unregulated units, to condominium or cooperative ownership or sell condominium or cooperative conversion rights to the Project units, during the term of this Regulatory Agreement.

5 21. NONDISCRIMINATION.

A. DEVELOPER herein covenants by and for itself, its subcontractors, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, nor denial of the benefits of this Regulatory Agreement to, any person or group of persons, on the basis of race, color, ancestry, national origin or ethnic group identification, religion or religious creed, sex, gender or self-identified gender, gender expression, sexual orientation, marital status, age, mental disability, physical disability or medical condition (including cancer, HIV and AIDS), genetic information, military or veteran status, familial status, source of income, or political affiliation or belief, nor any unlawful discrimination against any employee or applicant for employment because of race, color, ancestry, national origin or ethnic group identification, religion or religious creed, sex, gender or self-identified gender, gender expression, sexual orientation, marital status, age (over 40), mental disability, physical disability or medical condition (including cancer, HIV and AIDS), use of family care leave, genetic information, military or veteran status, familial status, source of income, or political affiliation or belief. DEVELOPER shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination or harassment. In addition to the foregoing general obligations, DEVELOPER shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900, et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, Section 10000, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time. To the extent this Regulatory Agreement subcontracts to DEVELOPER services or works required of the CITY by the State of California pursuant to agreement between the CITY and the State, the applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a) through (f), set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are expressly incorporated into this Regulatory Agreement by reference and made a part hereof as if set forth in full, and DEVELOPER and any of its subcontractors shall give written notice of their obligations thereunder to labor organizations with which they have collective bargaining or other agreements.

B. The provisions of paragraph (A) shall further apply to the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Project, and DEVELOPER and any person claiming under or through the DEVELOPER, shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the Project.

C. DEVELOPER shall include the provisions contained in this section in all contracts and subcontracts related to the Project.

D. The requirements in this section shall survive the repayment of the Loan, and the reconveyance of the Deeds of Trust.

22. MANAGEMENT RESPONSIBILITIES. DEVELOPER is specifically responsible, subject to its obligations herein, for all management functions with respect to the Property, including, without limitation, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The CITY shall have no responsibility over management of the Property. A resident manager or an alternative designated contact shall be required to reside on-site. 6 23. INTENTIONALLY DELETED.

24. DRAFT AND FINAL MANAGEMENT PLANS.

A. DRAFT MANAGEMENT PLAN. DEVELOPER shall prepare and submit to the CITY a Draft Management Plan for the CITY’s review and approval. The Draft Management Plan shall be submitted to the CITY at least one hundred eighty (180) calendar days prior to the anticipated date for completion of construction of the Project. The Draft Management Plan shall contain, but is not limited to, specific statement as to (1) the identity, experience and duties of all employees of the Management Agency who intend to manage the Project; (2) marketing policies and strategies; (3) tenancy occupancy rules and regulations; (4) rental procedures and tenant income limitation; (5) eviction procedures; (6) operating policies and guidelines; (7) reserve account policies; (8) maintenance and capital improvement policies; and (9) shall provide as an exhibit thereto a sample form of lease agreement. Upon transfer of OWNER/ DEVELOPER’s interest in the Project, the party to whom the Project is transferred shall, as a condition of such transfer, provide the CITY with a copy of such party’s Management Plan for the Project, which plan shall provide statements as called for herein.

B. CITY REVIEW OF DRAFT MANAGEMENT PLAN. Upon submittal of the Draft Management Plan by DEVELOPER to the CITY, the CITY shall review the Draft Management Plan and provide written comments to DEVELOPER within ninety (90) calendar days or as soon thereafter as is practicable.

C. FINAL MANAGEMENT PLAN. Prior to issuance of any Certificate of Occupancy for the Project, DEVELOPER shall submit a Final Management Plan to the CITY for its review and final approval no later than thirty (30) calendar days prior to the anticipated date for completion of construction of the Project.

Notwithstanding the foregoing, the CITY shall have the right to review and approve any proposed amendments to DEVELOPER’s contract with its management firm, or any new management contracts, during the term of this Regulatory Agreement; provided, however, that the CITY’s approval shall not be required for a renewal of the initial management contract.

25. MANAGEMENT AGENCY. The Project shall at all times be managed by an experienced Management Agency reasonably acceptable to the CITY, with demonstrated ability to operate residential facilities like the Project in a manner that will provide decent, safe and sanitary housing. The City shall have the right to require a change in the Management Agency or the on-site manager for reasonable cause at any time during the term of this Regulatory Agreement, subject to the prior written consent of any senior lenders and the tax credit investor.

During the monitoring, the CITY will assess the Management Agency’s ability to operate the Project in a decent, safe and sanitary manner. Calls for police and fire services at a significantly greater number or with a significantly greater frequency of serious calls and frequent fair housing complaints by tenants or applicants may be among criteria considered by the CITY in determining whether any management change shall be required.

DEVELOPER shall submit for the CITY’s approval the identity of any proposed Management Agency. DEVELOPER shall also submit such additional information about the background, experience, and financial condition of any proposed Management Agency as is reasonably necessary for the CITY to determine whether the proposed Management Agency meets the standards for a qualified Management Agency set forth above. 7 If the proposed Management Agency meets the standards for a qualified Management Agency set forth above, the CITY shall approve the proposed Management Agency by notifying OWNER/DEVELPER in writing. Unless the proposed Management Agency is disapproved by the CITY within thirty (30) calendar days of said submission of identity and qualifications of proposed Management Agency, which disapproval shall state reasonable specificity the basis for disapproval, it shall be deemed approved. The CITY hereby approves of the use of FPI Management, Inc., a Nevada Corporation, engaged in the provision of multi-family residential and commercial property management services, as the designated initial Management Agency for the Project.

26. DISMISSAL OF MANAGEMENT AGENCY. Within thirty-five (35) calendar days from DEVELOPER’s receipt of any recommendation by CITY staff to dismiss the Management Agency, DEVELOPER shall either dismiss the Management Agency or request a meeting with CITY staff representatives to discuss further. If an agreement cannot be reached with CITY staff representatives, DEVELOPER may request a public meeting to discuss the CITY recommendation. If, after conducting a requested public meeting, the CITY Council supports said recommendation of CITY staff, DEVELOPER shall promptly dismiss the Management Agency and shall appoint as the new Management Agency a person or entity which meets the standards for Management Agency and is approved by the CITY.

27. MAINTENANCE AND SECURITY. DEVELOPER shall at its own cost and expense maintain the Property in good condition, in good repair, and in decent, safe, sanitary, habitable, and tenantable living condition for the benefit of Project occupants. DEVELOPER shall not commit or permit any waste on or to the Property, and shall prevent and/or rectify any physical deterioration of the Property. DEVELOPER shall provide adequate security for the safety of Project occupants and to minimize the need for public safety calls. DEVELOPER shall maintain the Property in conformance with all applicable state, federal, and local laws, ordinances, codes, and regulations and the Management Plan; but DEVELOPER’s maintenance obligations shall not be limited only to the standards contained in these laws or the Management Plan.

In the event the DEVELOPER fails to maintain the Property in accordance with the foregoing standards, and after at least ten (10) calendar days’ prior written notice to DEVELOPER and the Senior Lenders, the CITY or its agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in the CITY’s reasonable discretion (with the prior written consent of the Senior Lenders), and provide for payment thereof. Any amount advanced by the CITY to make such repairs, together with interest thereon from the date of such advance at the same rate of interest as specified in the Notes for the Project (unless payment of such an interest rate would be contrary to applicable law, in which case interest shall accrue at the highest rate then allowed by applicable law), shall become an additional obligation of DEVELOPER to the CITY, and shall be secured by the Deeds of Trust.

28. UNIT VACANCIES. DEVELOPER shall use its best efforts to fill vacancies in Regulated Units as quickly as possible.

29. INSPECTIONS AND RECORDS. DEVELOPER shall maintain complete, accurate and current records which clearly document DEVELOPER’s performance of its obligations to operate the Property and the Project under the terms of this Regulatory Agreement. DEVELOPER shall submit any records reasonably requested by the CITY in connection with the Project to the CITY within ten (10) business days of the CITY’s request.

DEVELOPER shall also permit the CITY or its duly authorized representatives to enter and 8 inspect the Property and the Project for compliance with obligations under this Regulatory Agreement upon seventy-two (72) hours advance notice of such visit by the CITY to DEVELOPER or DEVELOPER’s Management Agency and to tenants of any inspected Project units, subject to the provisions of the leases regarding inspection and entry rights, which provisions must otherwise be consistent with state law.

All tenant lists, applications and waiting lists relating to the Regulated Units shall at all times be kept separate and identifiable from any other business of the DEVELOPER and shall be maintained as required by the CITY, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the CITY. DEVELOPER shall retain copies of all materials obtained or produced with respect to occupancy of the Regulated Units for a period of at least five (5) years.

The CITY shall also have the right to perform on-site inspections of the Project, including the Regulated Units, as is reasonably required to ensure compliance with the Loan Documents, but in any case at least once per year. DEVELOPER agrees to cooperate in such inspection(s).

If the CITY desires to inspect the interior of the Regulated Units, the CITY shall give DEVELOPER sufficient notice to allow DEVELOPER to give seventy-two (72) hours’ notice to tenants.

30. ANNUAL REPORTS. DEVELOPER shall provide any information reasonably requested by the CITY in connection with the Project. In particular, upon request and reasonable notice by CITY, DEVELOPER shall provide the CITY with annual reports required by the Regulatory Agreement, including but not limited to reports regarding the Project’s rent and occupancy levels, as well as the annual operating budget. Without limitation, DEVELOPER shall provide the CITY no later than the one hundred twentieth (120th) day after the close of each calendar year following the date of this Regulatory Agreement, hardcopies or PDF copies of the following documents:

A. Insurance certificates detailing all coverage required under the Deeds of Trust.

B. Evidence of payment of property taxes or property tax exemption for the Project, as applicable.

C. Financial statements for the Project.

D. An occupancy report including: (i) the verified income of each tenant or household; (ii) the number and demographic information of tenants in each household; (iii) the current rents charged each tenant or household and whether these rents include utilities; (iv) the date tenancy commenced for each Unit; and (v) any additional information required by California Health and Safety Code Section 33418.

E. Certifications of eligibility for all tenants of Regulated Units at the time of initial occupancy. Such certification shall include verified income statements on a form provided by the CITY. DEVELOPER shall retain in the tenant’s file all verifications of tenant’s initial certification income (paycheck stubs, benefit statements, etc.).

Within fifteen (15) calendar days after receipt of a written request, DEVELOPER shall provide any other information or completed forms requested by the CITY to ensure compliance with the Loan Documents or this Regulatory Agreement.

If similar reports on some or all of the Regulated Units are required for regulatory 9 compliance with other financing programs, those reports may be deemed satisfactory for the purpose of this section by the CITY, with respect to the portion of the requirements of this section covered by such reports, provided that copies are provided on an annual basis to the CITY with an owner certification addressed to the CITY certifying that the DEVELOPER has complied with this Regulatory Agreement.

31. MONITORING/NON-COMPLIANCE/CURE. DEVELOPER’s compliance with the provisions of this Regulatory Agreement shall be reviewed at least annually, and at such other times as the CITY may require, upon thirty (30) calendar days prior written notice from the CITY.

During any such review, DEVELOPER shall bear the burden of proof to demonstrate good faith compliance with the terms of this Regulatory Agreement. If, as a result of such review, the CITY finds and determines that DEVELOPER has not complied in good faith with the terms and conditions of this Regulatory Agreement, the CITY shall give written notice to DEVELOPER of its findings and of the exact nature of DEVELOPER’s non-compliance. DEVELOPER shall be given a period of sixty (60) calendar days after delivery of any such notice in which to cure, to the reasonable satisfaction of the CITY, any non-compliance; provided that, if the non- compliance cannot be cured within sixty (60) calendar days, DEVELOPER shall not be in breach so long as DEVELOPER is diligently undertaking to cure such non-compliance. In the event the CITY fails to give DEVELOPER notice of any non-compliance at or before the annual review, DEVELOPER shall not be held responsible for any failure to comply with the terms and conditions of this Regulatory Agreement during the year covered by the annual review.

32. CITY REMEDIES FOR BREACH. If DEVELOPER is unable or otherwise fails to cure any non-compliance within sixty (60) calendar days (or longer as provided herein) after the CITY delivers notice of non-compliance, the CITY may, in addition to any other remedy provided by law or equity, modify or terminate this Regulatory Agreement, revoke the Project approval, or take any other action available to it under this Regulatory Agreement.

In particular, and without limitation by reason of enumeration, DEVELOPER acknowledges and agrees that failure to cure any non-compliance under this Regulatory Agreement, whether by DEVELOPER or any successor, shall, at the option of the CITY, constitute a breach and default under this Regulatory Agreement as to all other property within the Project. In addition, and without limitation by reason of enumeration, OWNER/DEVLOPER acknowledges and agrees that the CITY shall have the right to withhold issuance of all building permits within the Project until such breach is cured.

Any partners of DEVELOPER shall have the right to cure any default. The CITY agrees that any cure of a default by any partners of DEVELOPER shall be deemed to be a cure by DEVELOPER, and shall be accepted or rejected on the same basis as if made or tendered by DEVELOPER.

In the event of any breach/default or violation of any agreement, obligation, or warranty under this Regulatory Agreement, the CITY shall give written notice to DEVELOPER, with copies to the Senior Lenders, specifying: (a) the nature of the breach or violation; (b) the action required to cure the breach or violation; and (c) a date, which shall not be less than thirty (30) calendar days from the date of the notice, by which such action to cure must be taken. (provided that, if the non- compliance cannot be cured within thirty (30) calendar days, DEVELOPER shall not be in breach so long as DEVELOPER is diligently undertaking to cure such non-compliance.) If DEVELOPER fails to cure the breach or violation as provided above, the CITY additionally has the right, at its sole election, to:

A. Declare a default under the Notes, accelerate the indebtedness evidenced by the Notes, and with respect to the Loan, proceed with foreclosure under the 10 Deeds of Trust;

B. Bring an action for equitable relief seeking the specific performance by DEVELOPER of the terms and conditions of this Regulatory Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief;

C. Upon lawful order of a court with proper jurisdiction, enter upon, take possession of, and manage the Property and the Project, either in person, by agent, or by a receiver appointed by a court, and collect any rents, income, deposits, or reserves and apply them to operate the Property and the Project, and continue in possession until such time as the court determines that DEVELOPER is in a position to operate the Property and the Project in compliance with this Regulatory Agreement;

D. After notice provided for herein, make such repairs or replacements to the Property as are necessary and provide for payment thereof;

E. Declare an event of default under the Loan Documents and pursue the remedies described therein; and/or

F. Pursue any other remedy allowed at law or in equity.

The CITY’s rights hereunder shall be in addition to, and not in lieu of, every other right or remedy provided for herein or now or hereafter existing at law or in equity by statute or otherwise, including, but not limited to injunctive relief, specific performance and damages. The exercise or beginning of exercise by the CITY of any one or more rights or remedies, provided herein or now or hereafter existing at law or in equity by statute or otherwise, shall not preclude the simultaneous or later exercise by the CITY of any or all other rights or remedies provided for in this Regulatory Agreement or now or hereafter existing at law or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and nonexclusive.

33. FEES, TAXES, AND OTHER LEVIES. DEVELOPER shall be responsible for payment of all fees, assessments, taxes, charges, and levies imposed by any public authority or utility company with respect to the Property and the Project, and shall pay such charges prior to delinquency in order to prevent any penalty from accruing or any lien or charge from attaching to the Property or the Project. However, DEVELOPER shall not be required to pay any such charge so long as (a) the legality thereof is being contested in good faith and by appropriate proceedings; and (b) DEVELOPER maintains reserves adequate to pay any contested liabilities.

In the event DEVELOPER exercises its right to contest any tax, assessment, or charge against it, DEVELOPER, on final determination of the proceeding or contest, shall immediately payor discharge any decision or judgment rendered against it, together with all costs, charges and interest.

34. INSURANCE COVERAGE. DEVELOPER shall cause to have in full force and effect during the term of this Regulatory Agreement continuous insurance coverage as required by the Loan Agreement.

35. PROPERTY DAMAGE OR DESTRUCTION. Subject to the requirements of Senior Lenders, and if economically feasible in the CITY's reasonable judgment after consultation with the DEVELOPER, if any improvement now or in the future on the Property is damaged or destroyed, then the DEVELOPER shall, at its cost and expense, diligently undertake to repair or restore such improvement consistent with the plans and specifications for the Development. Such work or repair shall be commenced no later than the later of one 11 hundred twenty (120) calendar days after receiving requisite permits from the City, or such longer period approved by the CITY in writing, after the damage or loss occurs and sixty (60) calendar days following receipt of the insurance proceeds, and shall be complete within one year thereafter or such reasonable time as may be required. Any insurance proceeds collected for such damage or destruction shall be applied to the cost of such repairs or restoration and, if such insurance proceeds shall be insufficient for such purpose, then the DEVELOPER shall make up the deficiency. If the DEVELOPER does not make repairs, then any insurance proceeds collected for such damage or destruction shall be promptly delivered to the CITY as a special repayment of the Loan, subject to the rights of the Senior Lenders, if any.

GENERAL PROVISIONS

36. SUBORDINATION. Except as expressly set forth herein or in the Loan Agreement, this Regulatory Agreement shall not be subordinated in priority to any other interest in the Property that was not recorded on or prior to the date of recordation of this Regulatory Agreement, unless the CITY expressly consents, in writing, to the subordination or junior priority of this Regulatory Agreement. Such consent, if any, shall be within the CITY’s sole discretion, and may only be permitted, if at all, for purposes that conform with the circumstances authorized by California Health and Safety Code Section 33334.14(a), and to the extent the proposed subordination does not jeopardize the CITY’s security interest in the property and is otherwise consistent and compliant with all legal standards, including eligibility requirements and other conditions imposed by funding sources for the Project and any Loan. Notwithstanding the foregoing, consent is expressly given herein to subordinate this Regulatory Agreement as reasonably required for Property financing, including, without limitation, any required subordination based on construction or permanent loan financing and tax credits financing.

37. TRANSFER AND ENCUMBRANCE OF PROPERTY. During the term of this Regulatory Agreement, DEVELOPER shall not make or permit any sale, agreement to sell, assignment, conveyance, lease (other than the rental of Project units to eligible residential tenant occupants), or transfer of the Property or any part thereof, including the sale of any general or limited partnership interests, the removal of any general partner, or any substantial change in operational or management control over the Property (collectively referred to as “Transfers”), without the prior written consent of the CITY, which consent shall not be unreasonably withheld The limitations on DEVELOPER’s right of assignment or other transfer shall not apply to any foreclosure, deed in lieu of foreclosure, or other remedial action lawfully taken by any Senior Lender holding a security interest in the Property with priority over the CITY’s interests; nor shall they apply to: (i) the transfer of limited partner interests in DEVELOPER, (ii) the removal of a general partner or a limited partner pursuant to the terms and conditions of DEVELOPER’s organizational document; and/or (iii) transfers to a tax-exempt entity under the direct control of or under common control with DEVELOPER.

The CITY shall give its consent to a Transfer provided that it determines all of the following conditions are met: (a) DEVELOPER is in compliance with this Regulatory Agreement and the Loan Documents, or the Transfer will cure existing violations of this Regulatory Agreement or the Loan Documents; (b) the transferee agrees to assume all obligations of DEVELOPER imposed by this Regulatory Agreement and the Loan Documents; (c) the transferee demonstrates to the CITY’s satisfaction that it is capable of owning and/or operating the Property and the Project in full compliance with this Regulatory Agreement and the Loan Documents; (d) the terms of the Transfer shall not jeopardize the CITY’s security interest in the Property and is otherwise in full compliance with all legal standards, including eligibility requirements and other conditions imposed by funding sources for the Project and any Loan; and (e) the Transfer has been approved by the CITY’s governing body, if such approval is 12 required.

During the term of this Regulatory Agreement, DEVELOPER shall not engage in any financing or other transaction creating any mortgage or other encumbrance or lien upon the Property and/or the Project (except for any financing provided by the CITY), without the prior written consent of the CITY, which consent may be withheld in the CITY’s reasonable discretion.

The CITY may give its consent to such financing if and only to the extent necessary to maintain or improve the affordability or condition of the Property and/or the Project. The term “financing” in this section shall not include the refinancing of an existing loan.

38. NONLIABILITY OF OFFICIALS, EMPLOYEES, AND AGENTS. No member, official, officer, director, employee, agent, or independent contractor of the CITY shall be personally liable to DEVELOPER or third-party beneficiaries for any obligation created under the terms of this Regulatory Agreement.

39. INDEMNITY AND WAIVER. Notwithstanding the insurance coverage required herein and to the fullest extent allowed by law, DEVELOPER shall defend, indemnify and save and hold the CITY, its members, officials, officers, directors, employees, agents, and independent contractors (collectively “Indemnitees”), harmless against any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attorneys’ fees) which Indemnitees may incur as a result of (1) DEVELOPER’s failure to perform any obligations as and when required by this Regulatory Agreement; (2) any failure of DEVELOPER’s representations or warranties to be true and complete in any material respect; or (3) any act or omission by DEVELOPER or any contractor, subcontractor, management agent, or supplier with respect to the Project or the Property, except to the extent that such losses are caused solely by the negligence or willful misconduct of Indemnitees. The duty of the DEVELOPER to indemnify includes the duty to defend Indemnitees in any court action, administrative action, or other proceeding brought by any third party arising from the Project or the Property. DEVELOPER’s duty to defend and indemnify Indemnitees shall survive the term of this Regulatory Agreement, the reconveyance of the Deeds of Trust, and any release of part or all of the Property from the burdens of this Regulatory Agreement. The parties intend that this provision shall be broadly construed.

The parties hereby acknowledge and agree that, without limitation, the Loan and any Project entitlements, permits, or approvals have conferred upon the DEVELOPER and/or the Project either a direct financial contribution or other form of assistance pursuant to Section 1954.52(b) of the CHRHA.

40. GOVERNING LAW AND VENUE. This Regulatory Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. Any action arising out of this Regulatory Agreement shall be brought in Placer County, California, regardless of where else venue may lie.

41. CONFLICTS. In the event of any conflict among the Loan Documents, the most restrictive requirements shall apply. In addition, the Project may be subject to the terms of other governmental subsidy programs. This Regulatory Agreement and the agreements entered into by DEVELOPER pursuant to these subsidy programs independently regulate the Regulated Units in the Project. If any provision of another regulatory agreement is found in conflict or in contradiction with the terms of this Regulatory Agreement in relation to the Regulated Units, the most restrictive requirement, providing the greatest affordability to the most tenants for the longest term, shall apply to those Regulated Units, except as otherwise specified.

13 42. ATTORNEYS’ FEES AND COSTS. In the event that a legal or administrative action is brought to interpret or enforce the terms of this Regulatory Agreement, the prevailing party in such action shall be entitled to recover its reasonable litigation expenses, including but not limited to, court costs, expert witness fees, discovery expenses, and attorneys’ fees.

43. TIME. Time is of the essence in this Regulatory Agreement.

44. CONSENTS AND APPROVALS. Except as otherwise expressly provided in this Regulatory Agreement, any consent or approval required under the Regulatory Agreement shall not be unreasonably withheld or delayed.

45. NOTICES, DEMANDS, AND COMMUNICATIONS. Formal notices, demands, and communications between DEVELOPER and the CITY shall be given by registered or certified mail, return receipt requested, postage prepaid or delivered personally, to DEVELOPER and the CITY as follows, or at such other address as a party may designate by written notice to the other party:

CITY OF ROSEVILLE DEVELOPER

Economic Development Director Koroni, LLC
City of Roseville 3007 Douglas Blvd.
311 Vernon Street Suite 170
Roseville, CA 95678 Roseville, CA 95661

with a copy to:

Greek Orthodox Housing Corporation
4120 Douglas Blvd.
#306-511
Granite Bay, CA 95746

46. BINDING UPON SUCCESSORS. All provisions of this Regulatory Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of DEVELOPER and the CITY, and shall run with the land for the full term of this Regulatory Agreement, regardless of any assignment, payment, prepayment, expiration, extinguishment of the Loan or Notes, any reconveyance of the Deeds of Trust, or any conveyance or transfer of the Property. Any successor in interest to DEVELOPER and any purchaser or transferee of the Property shall be subject to all of the duties and obligations imposed on DEVELOPER under this Regulatory Agreement for the full term of this Regulatory Agreement. The term “DEVELOPER” as used in this Regulatory Agreement shall include all such assigns, successors-in-interest, and transferees.

47. RELATIONSHIP OF PARTIES. The relationship of DEVELOPER and the CITY for this Project during the term of this Regulatory Agreement shall not be construed as a joint venture, equity venture, or partnership. The CITY neither undertakes nor assumes any responsibility or duty to DEVELOPER or to any third party with respect to the operation of the Property or the actions of DEVELOPER. Except as the CITY may specify in writing, DEVELOPER shall have no authority to act as an agent of the CITY or to bind the CITY to any obligation.
14 48. WAIVER. Any waiver by the CITY of any obligation in this Regulatory Agreement must be in writing. No waiver shall be implied from any delay or failure by the CITY to take action on any breach or default of DEVELOPER or to pursue any remedy allowed under this Regulatory Agreement or applicable law. Any extension of time granted to DEVELOPER to perform any obligation under this Regulatory Agreement shall not operate as a waiver or release from any of its obligations under this Regulatory Agreement. Consent by the CITY to any act or omission by DEVELOPER shall not be construed as the consent to any other or subsequent act or omission or to waive the requirement for the CITY’s written consent to future waivers.

49. OTHER AGREEMENTS. DEVELOPER represents that it has not entered into any agreements that would restrict or compromise its ability to comply with the terms of this Regulatory Agreement. DEVELOPER shall not enter into any agreements that are inconsistent with the terms of this Regulatory Agreement without an express written waiver by the CITY.

50. AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this Regulatory Agreement must be in writing, and shall be effective only if executed by both DEVELOPER and the CITY, following receipt of all required approvals, and only with the consent of the Senior Lenders.

51. SEVERABILITY. Every provision of this Regulatory Agreement is intended to be severable. If any provision of this Regulatory Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

SPECIAL PROVISIONS

52. ADMINISTRATIVE FEE. In the event of DEVELOPER’s breach or violation of any agreement, obligation or warranty under the Regulatory Agreement that is uncured within the cure periods provided herein, or in the event the Property is transferred in violation of this Regulatory Agreement, DEVELOPER shall pay annually, not later than April 15 of each year, a $10,000 fee (“Administrative Fee”) until the breach is cured. The CITY shall provide the DEVELOPER with notice and the right to cure, as set forth in above, any event which the CITY believes give rise to an obligation to pay the Administrative Fee. Such fee shall remain in effect during any period of breach or violation. The payment of such Administrative Fee shall be in addition to, and not to the exclusion of, the CITY’s other remedies contemplated in this Regulatory Agreement; provided however that this provision shall be subject to the nonrecourse provisions set forth in the Notes.

53. REFINANCING/RESYNDICATION REVIEW FEE. In the event that the Property and/or the Project is a tax credit project and is refinanced or resyndicated during the term of this Regulatory Agreement, DEVELOPER shall provide the CITY a prepayment in amount to be determined by the CITY, upon request by DEVELOPER, for CITY’s staff actual and documented costs in reviewing any refinancing or resyndication documentation submitted to the CITY for the CITY’s review and approval. Such prepayment shall be submitted by DEVELOPER prior to the CITY commencing any review and shall not exceed five thousand dollars ($5,000.00).

DEVELOPER shall not be entitled to receive a refund of any such fee in the event that DEVELOPER fails to complete such refinancing or resyndication.

54. TENANT MONITORING FEE. Commencing one (1) year after the date of the final Certificate of Occupancy for the Project and annually thereafter, DEVELOPER shall pay to the CITY, not later than March 31 of each year, a tenant monitoring fee equal to FORTY 15 DOLLARS ($40) for each occupied, rent restricted, apartment unit within the Project. penalty of ten percent (10%) per month shall be assessed against any fee not paid when due.

55. PARTICIPATION IN HOUSING CHOICE VOUCHER PROGRAM. DEVELOPER agrees to accept tenants who qualify under the Housing Choice Voucher (“HCV”) program administered by the Roseville Housing Authority (the “Authority”) or its successor.

56. CHECKLIST FOR REGULATED UNITS. DEVELOPER agrees that each prospective tenant, prior to rental of a Regulated Unit, shall be required to complete forms required by Exhibit C, or DEVELOPER's equivalent as approved in writing by the CITY.

[Signatures Next Page]
16 IN WITNESS WHEREOF, the City of Roseville, a municipal corporation, has authorized the execution of this Regulatory Agreement in duplicate by its City Manager and attested to by its City Clerk under the authority of Resolution No. , adopted by the Council of the City of Roseville on the day of , 2024, and DEVELOPER has caused this Regulatory Agreement to be executed.

CITY OF ROSEVILLE, a municipal corporation: GREEK ORTHODOX HOUSING CORPORATION, a California nonprofit
corporation:

BY: BY:

DOMINICK CASEY NAME
City Manager Title

ATTEST: and

BY: BY:

CARMEN AVALOS NAME
City Clerk Title

APPROVED AS TO FORM:

BY:

MICHELLE SHEIDENBERGER
City Attorney
APPROVED AS TO SUBSTANCE:

BY:

MELISSA ANGUIANO
Economic Development Director

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
The land described herein is situated in the State of California, County of Placer, City of Roseville, and is described as follows:

Maximum Household Income 40% AMI
Maximum Household Income 50% AMI
Maximum Household Income 60% AMI

EXHIBIT B

UNIT CONFIGURATION AND INITIAL RENT RESTRICTIONS

Maximum Household Income 30% AMI

Bedroo
m size

Number
of Units

Gross
Rent
Less
TCAC
approved
CUAC*

Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $

Bedroo
m size

Number
of Units

Gross
Rent
Less
TCAC
approved
CUAC*

Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $

Bedroo
m size

Number
of Units

Gross
Rent
Less
TCAC
approved
CUAC*

Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $

Bedroo
m size

Number
of Units

Gross
Rent
Less
TCAC
approved
CUAC*

Allowable
Contract
Rent
1 $ $ $
2 $ $ $
3 $ $ $

* California Utility Allowance Calculator (CUAC) is California’s energy consumption model for calculating utility allowance estimates. These estimates are approved by California’s Tax Credit Allocation Committee (TCAC) and are limited to new construction projects in the design phase.

EXHIBIT C

CHECKLIST FOR AFFORDABLE RENTAL UNITS

The following documentation must be present in the Tenant’s file (in a form approved by the Housing Manager) for an “affordable renter.”

Certification of Affordable Rental Unit Eligibility
Calculation of Tenant Eligibility Form
Record of Rental Increases
Written, third party verification of all income sources, including:

Employment
Self-employment (tax return and profit & loss statement for current year)
Unemployment
AFDC (Welfare) Benefits
Child Support
Alimony
Social Security Benefits
Supplemental Security Income (SSK)
VA or Military Benefits
Pensions and/or Annuities
Retirement Funds
Savings Accounts (Interest Income)
Checking Accounts
Government Grants
Trust Funds
Stocks & Bonds (Cash Value)
Life Insurance (Cash Value)

Name Complex

Title Date

CERTIFICATION OF AFFORDABLE RENTAL UNIT ELIGIBILITY

Re:

Apartment Complex
Apt. #

I/we have read and answered truthfully, fully frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit:

1) Name of Members of
the Household
2) Relationship
to head of
Household

3) Age

4) Social
Security No.

5) Place of
Employment

CERTIFICATION OF AFFORDABLE RENTAL UNIT ELIGIBILITY (CONT.)

INCOME COMPUTATION

6) The total anticipated income calculated in accordance with this paragraph 6, of all persons (except children under the age of 18 years) listed above for the 12- month period beginning the date that I/we plan to move into a unit is $ .

Included in the total anticipated income listed above are:

a. All wages and salaries, overtime pay, commissions, fees and other compensation for personal services, before payroll deductions.

Excluded from such anticipated income are:

a. Casual, sporadic or irregular gifts;

b. Amounts which are specifically for or in reimbursement of medical expenses;

c. Lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlements for personal or property losses;

d. Amounts of educational scholarships paid directly to the student or the educational institution and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books, and equipment. Any amounts of such scholarships or payments to veterans not used for the above purposes are to be included in income;

e. Hazardous duty pay to a family member in the Armed Forces who is away from home and exposed to hostile fire;

f. Relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

g. Foster child care payments;

h. The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977.

7) This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary.

8) I/We will assist the Owner in obtaining any information or documents required to verify the statement made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year.

Applicant

[All persons listed in number 2 above, except children under the age of 18 must sign this form]
9)
I/We acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the unit and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for eviction or other appropriate proceedings.

I/We declare under penalty of perjury that the foregoing is true and correct.

Executed this day of in the City of
California.

Applicant
Applicant
Applicant
Applicant

CALCULATION OF TENANT ELIGIBILITY FORM

(FORM COMPLETION BY APARTMENT OWNER OR AGENT)

NAME: UNIT #

SOURCE MONTHLY ANNUAL
Social Security $ $
Social Security $ $
Civil Service $ $
Pension $ $ Interest
$ $ Wages
$ $ Tips
$ $ Wages
$ $ Tips
$ $
Child Support $ $
Welfare $ $
Stocks/Bonds $ $
Other
Other
$ $
$ $
TOTAL INCOME $ $
Monthly base rent $
Move-in date

BY
TITLE
DATE

AFFORDABLE TENANT

RECORD OF RENTAL INCREASES

(FORM COMPLETION BY APARTMENT OWNER OR AGENT)

NAME APT. NO.

MOVE-IN DATE INITIAL BASE RENT $

ANNUAL INCOME $

DATE OF

INCREASE

CURRENT
RENT
ANNUAL

ADJUSTMENT

FACTORS

NEW RENT
$ X 1. = $

$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $
$ X 1. = $

AFFORDABLE TENANT
RECORD OF RENTAL INCREASES (For Tax Credit Projects Only)

(FOR COMPLETION BY APARTMENT DEVELOPER OR AGENT)

NAME: APT. #

MOVE-IN DATE:

ANNUAL INCOME:

INITIAL BASE RENT:

DATE OF

INCREASE

CURRENT RENT

NEW RENT

ACKNOWLEDGMENTS

State of California

County of

On before me, ,
(here insert name and title of the officer)
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)

ACKNOWLEDGMENTS

State of California

County of

On before me, ,
(here insert name and title of the officer)
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)
ORDINANCE NO. 6861

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2024-25, is hereby amended as listed on the attached budget adjustment for the Sierra Vista Parcel Acquisition project for affordable housing development.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this day of , 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR
ATTEST:

City Clerk

EXPENDITURES/EXPENSES/TRANSFERS OUT

REQUEST FOR BUDGET ADJUSTMENT
Updated 5/24/2024
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2201 5573 54101

571,850 Increase CDBG Grants Deferred Loans Affordable
Housing Development

EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL 571,850

REVENUES/TRANSFERS IN
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 2201 4401 54101

571,850 Increase CDBG Federal Grants Revenue for Affordable Housing Development

REVENUES/TRANSFERS IN TOTAL 571,850

NET ADJUSTMENT -

FUND BALANCE
ACCOUNT STRING BUDGET ($) DESCRIPTION Fund Account Center Project Adjustment 3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000

FUND BALANCE TOTAL -

Justification for Budget Adjustment:

Staff recommends this budget adjustment to increase the Grants Deferred Loans expenditure budget in the Community Development Block Grant (CDBG) fund by $571,850 to fund the Sierra Vista Parcel Acquisition for an affordable housing development. This budget adjustment will increase the existing Grants Deferred Loans budget of $350,000 to $921,850. This budget adjustment will also increase Federal Grants CDBG revenue by $571,850 which will increase the existing revenue budget of $700,000 to $1,271,850 funded by CDBG carryover grants from prior years (2020, 2021, 2022, and 2023).

REQUESTER NAME & TITLE: Claudia Carreno Management Analyst FISCAL YEAR: 2024-25 PREPARER NAME & TITLE: Claudia Carreno Management Analyst COUNCIL DATE (if applicable): 08/21/24 DEPARTMENT/DIVISION: Economic Development - Housing ORDINANCE:

COUNCIL COMMUNICATION
CC #:
3526
File #:
0215
Title:

Second Reading - Roseville Municipal Code Amendment - Development Impact Fee Deferrals
Contact:

Gretchen Hakala 916-774-5325 [email protected]

Meeting Date: 9/4/2024
Item #: 6.15.

RECOMMENDATION TO COUNCIL
ORDINANCE NO. 6830 AMENDING SECTION 4.04.040 OF CHAPTER 4.04 OF TITLE 4

OF THE ROSEVILLE MUNICIPAL CODE REGARDING DEVELOPMENT IMPACT FEE DEFERALS, for second reading and adoption.

BACKGROUND
On June 5, 2024, City Council heard for first reading, an amendment to Section 4.04.040 of Chapter 4.04 of Title 4 of the Roseville Municipal Code regarding Development Impact Fee Deferrals. The ordinance amendment was approved for second reading on June 19, 2024. Staff has since realized that the ordinance amendment attached for second reading was the incorrect version and didn't match what was approved during the first reading.

To correct the administrative error, staff requests that the City Council adopt the attached, correct version of the ordinance amendment.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
Not applicable.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal D - Enhance economic vitality

Respectfully Submitted,
Gretchen Hakala, Paralegal
Michelle Sheidenberger, City Attorney

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Amended Ordinance 6830
ORDINANCE NO. 6830

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTION

4.04.040 OF CHAPTER 4.04 OF TITLE 4 THE ROSEVILLE MUNICIPAL CODE

REGARDING DEVELOPMENT IMPACT FEE DEFERRALS

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The section of the Roseville Municipal Code listed above is hereby amended to read as shown on Attachment “A”.

SECTION 2. This ordinance shall be effective at the expiration of thirty (30) days from

the date of adoption.

SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published

in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville this day of

, 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR

ATTEST:

City Clerk

ATTACHMENT "A"

§ 4.04.040 Nonresidential development impact fee deferral.

A. Deferral of nonresidential development impact fees $100,000.00 or greater shall require approval by the city council.

B. Deferral of nonresidential development impact fees less than $100,000.00 may be approved by the city manager or designee.

C. Deferred nonresidential development impact fees shall be paid prior to the issuance of a certificate of occupancy, or final approval of a building permit if no certificate of occupancy is required.

D. Any request for deferral of a nonresidential development impact fee shall be accompanied by payment of an administrative fee as established by resolution and adopted by the city council, as amended from time to time. Additionally, city’s lost interest income on deferred fees shall be paid prior to the issuance of a certificate of occupancy, or final approval of a building permit if no certificate of occupancy is required.

E. Notwithstanding Section C above, for an “affordable housing project”, deferred nonresidential development impact fees may be paid after the issuance of a certificate of occupancy, or final approval of a building permit if no certificate of occupancy is required, but in no event later than the earlier of: (1) one (1) year after the issuance of the first certificate of occupancy, or first final approval of a building permit if no certificate of occupancy is required, or (2) three (3) years after the issuance of the first building permit. For purposes of this section, an “affordable housing project” is defined as a residential multi-unit (three or more units) housing project that meets all of the following:

1. Provides one hundred (100) percent of the units, except any manager or caretaker units, as affordable units for low, very-low or extremely low income;

2. Complies with the City’s Objective Design Standards;

3. Enters into an Affordable Housing Agreement (as defined in Section 19.28.110, as may be amended from time to time);

4. Enters into a promissory note for the deferred fee amount that is secured by a deed of trust and/or other acceptable security interest, and

5. Agrees to follow all other requirements of this Section 4.04.040.

COUNCIL COMMUNICATION
CC #:
3524
File #:
0800-02
Title:

Second Reading - Roseville Municipal Code - Regional Sewer Connection Fee Adjustments
Contact:

Shane Whittington 916-774-5557 [email protected]

Meeting Date: 9/4/2024
Item #: 6.16.

RECOMMENDATION TO COUNCIL
ORDINANCE NO. 6863 AMENDING SECTION 14.16.080 OF CHAPTER 14.16 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE REGARDING REGIONAL SEWER CONNECTION FEE, for second reading and adoption.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
Not applicable.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A - Remain fiscally responsible in a changing world Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Shane Whittington, Environmental Utilities Business Services Manager Richard Plecker, Environmental Utilities Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Ordinance 6863
ORDINANCE NO. 6863

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE AMENDING SECTION

14.16.080 OF CHAPTER 14.16 OF TITLE 14 OF THE ROSEVILLE MUNICIPAL CODE

REGARDING REGIONAL SEWER CONNECTION FEE

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The section of the Roseville Municipal Code listed above is hereby amended to read as shown on Attachment “A”.

SECTION 2. This ordinance shall be effective at the expiration of sixty (60) days from

the date of adoption.

SECTION 3. The City Clerk is hereby directed to cause this ordinance to be published

in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville this day of

, 20 , by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

MAYOR

ATTEST:

City Clerk

ATTACHMENT "A"

§ 14.16.080. Regional sewer connection fee.

A. A regional sewer connection fee shall be charged in accordance with Section 14.16.010 for each sewer unit connected to the city -owned public sewer.

B. The regional sewer connection fee shall be $9,802.00.

C. The fee established by this chapter shall be adjusted annually on July 1st by a percentage equal to the adjustment rate for the prior year for construction costs as determined by the director in the preceding June . The director's determination shall be based upon averaging the Construction Cost Index (CCI) for 20 citi es and for San Francisco, as published in the Engineering News Record publication for the preceding 12 months ending in May. The resultant fee shall be rounded to the nearest dollar figure.

COUNCIL COMMUNICATION
CC #:
3516
File #:
0709-01
Title:

HOUSING AUTHORITY/CITY COUNCIL - Quarterly Status Update 2nd Quarter 2024
Contact:

Danielle O’Connell 916-774-5277 [email protected] Suzi Cook-Turner 916-774-5414 [email protected] Meeting Date: 9/4/2024
Item #: 6.17.

RECOMMENDATION TO COUNCIL
The City Council, acting as the Roseville Housing Authority Board, is not required to take any action on this item. This quarterly report is for informational purposes only.

BACKGROUND
Pursuant to the bylaws of the Roseville Housing Authority (RHA), the City Council, acting as the governing board for the Housing Authority, holds its quarterly meeting the first Wednesday of March, June, September, and December, or as soon as possible thereafter. Staff has prepared the following status report regarding lease-up activity for the Housing Choice Voucher (HCV) Program. The HCV Program provides income-qualified households in Roseville and Rocklin with rental assistance using funding from the US Department of Housing and Urban Development (HUD). This assistance is utilized at rental units that meet program specific housing standards, are owned by a willing property owner, and are within Roseville or Rocklin city limits. This rental assistance ensures that the household can afford to live in safe and decent housing. During the second quarter of 2024 there were 676 vouchers utilized in Roseville, 139 vouchers being utilized in Rocklin, and 12 in other jurisdictions (approved transfers out of the area) for a total of 827 families receiving rental assistance through RHA.

RHA is authorized to provide 823 households with HCV rental assistance. RHA also has several special voucher programs including:
75 vouchers allocated specifically for families on the waiting list with a head-of-household or partner that are non-elderly and disabled (NED vouchers); 41 Emergency Housing Vouchers (EHV) providing rental assistance to individuals and families who are experiencing homelessness or at risk of experiencing homelessness; 43 Mainstream vouchers that assist households who have a non-elderly head of household or partner with a disability and are transitioning out of institutional or other segregated settings, are currently homeless, or at risk of becoming homeless; and 100 Veterans Affairs Supportive Housing Vouchers (VASH) for veteran households that are referred from the Department of Veterans Affairs (VA) and assist them with paperwork, searching for housing and staying housed.

During the second quarter of 2024, RHA staff hosted a fair housing training with Project Sentinel for tenants and landlords in the Roseville City Council Chambers. Project Sentinel is a nonprofit fair housing agency that provides education and counseling to community members, housing providers, and tenants about fair housing law. Project Sentinel educated landlords and RHA staff about federal and California fair housing law, compliance, and illegal housing practices. RHA staff participated in the 2024 Placer Veteran’s Stand Down held at The Grounds in Roseville. Working closely with VA staff, RHA was able to assist in recruitment of new veteran households to the program. Staff was also able to connect with homeless veterans and provide information about the HUD VASH program. RHA staff also participated in Downtown Tuesday Nights focusing on attracting new landlords and informing the community about the various programs that are offered in the area.

RHA continues collaboration efforts with Placer County Housing Authority (PCHA) with running our Family Self-Sufficiency (FSS) programs and sharing the Program Coordinating Committee (PCC). The PCC is made up of Placer County agencies and businesses and assists the Housing Authorities in securing commitments of public and private resources for operation of the FSS program. The second quarter meeting of the PCC was productive with PCHA, Placer County, Safe Credit Union and RHA establishing an inter-agency referral process. RHA’s FSS program currently has 23 participants enrolled and had two graduates in the second quarter with $21,589 disbursed between them.

Each housing authority is required to be at least 95% leased for its voucher allocation or utilizing at least 95% of its annual budget authority to remain in compliance with HUD’s requirements. The lease-up rate for a calendar year cannot exceed 100% of its allocation of vouchers (per voucher type), and/or 100% expenditure of its annual budget allocation for the program. Agencies leasing up or expending 98% or more of its allocated vouchers and/or budget can reach high-performing status. RHA continues to meet HUD program requirements for high-performing status through 100% expenditure of its annual budget allocation. The attached table provides a monthly summary of RHA’s voucher programs for the second quarter of 2024.

FISCAL IMPACT
This Housing Authority Quarterly Status Report does not create any additional cost to the City’s General Fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The Roseville Housing Authority Quarterly Report meets the above criteria and is not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal C - Maintain a safe and healthy community
Goal D - Enhance economic vitality

Respectfully Submitted,
Danielle O’Connell, Housing Analyst
Melissa Anguiano, Economic Development Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
2nd Quarter Voucher Count
Actual
Lease-up
of
Mainstrea
m
12-HUD
Mainstr
eam (43)
Jan-24 574 570 75 75 57 85 38 43 43 44
Feb-24 575 570 75 75 58 85 40 43 44 44
Mar-24 573 570 75 75 56 85 41 43 41 41
Apr-24 570 570 75 75 56 100 41 43 42 41
May-24 561 570 75 75 56 100 41 43 41 41
Jun-24 559 570 75 75 57 100 41 43 39 41
YTD Total 3412 3420 450 450 340 555 242 258 250 252
YED % Leased 100%99.8%
11-HUD
VASH
(100)
Actual
Lease-up
of EHV
21-HUD
Emergency
Housing Vouchers
(EHVs) (41)

61.3% 93.8% 99.2%
Actual
Lease-up
of VASH2024
Actual Lease-
up of
Regular
10-HUD
Regular
(570)
Actual Lease-
up of Non-
Elderly
Disabled
5-HUD Non-
Elderly
Disabled
(75)

COUNCIL COMMUNICATION
CC #:
3531
File #:
0102-10
Title:

Resolution - Sally Friedman
Contact:

Blair Hutchison 916-774-5266 [email protected]

Meeting Date: 9/4/2024
Item #: 6.18.

RECOMMENDATION TO COUNCIL
Commend Sally Friedman for her 20 years of outstanding service and dedication to the City of Roseville in the Finance and Electric Utility Departments, congratulate her for her many accomplishments, and wish her a long, healthy, and enjoyable retirement.

BACKGROUND
Not applicable.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. Ceremonial documents meet the above criteria and are not subject to CEQA. No additional environmental review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Not applicable.

Respectfully Submitted,
Blair Hutchison, City Clerk Technician
Carmen Avalos, City Clerk

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution - Sally Freidman

COUNCIL COMMUNICATION
CC #:
3528
File #:
0704
Title:

Roseville Municipal Code Addition – Temporary Memorials Contact:

Jill Geller 916-774-5249 [email protected]
My Tien Doan 916-774-5325 [email protected]

Meeting Date: 9/4/2024
Item #: 7.1.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council introduce for first reading an ordinance adding Chapter

13.14 of Title 13 of the Roseville Municipal Code regarding temporary memorials.

BACKGROUND
Temporary memorials occasionally pop up around the city on streetscapes, sidewalks, or corners following tragic fatalities. These memorials allow family members and others close to the victim(s) to grieve and share their condolences. Sometimes these memorials remain for an indefinite amount of time and may cause a public safety issue depending on the size and/contents of the memorial. Additionally, depending on their location, memorials can prevent city staff or contractors from performing regular maintenance and upkeep of city property. The City does not currently have an ordinance in place to regulate these memorials, including reviewing for safety, establishing acceptable duration and contents, and ensuring its safe removal, storage, or disposal. Staff acknowledges the importance of affording citizens a reasonable opportunity to express their grief and condolences when tragedies occur, while also properly and safely maintaining public property and reduce hazards to the general public, city personnel, and public property. Some of the notable sections of the proposed Ordinance are summarized herein for convenience.

Duration of temporary memorials
– Section 13.14.030 of the proposed Ordinance would
establish that temporary memorials can remain on public property for no more than forty-five (45) calendar days from the date on which the incident that gave rise to the temporary memorial occurred.

Physical restrictions
– Section 13.14.040 of the proposed Ordinance would establish the physical restrictions of the memorial to be no more than thirty (30) inches in height, two (2) feet in width, and one (1) foot in depth.

Unauthorized or unsafe displays
- Section 13.14.050 of the proposed Ordinance would
establish the standards for the content of any memorial and identifies the eight (8) situations in which the city may immediately remove and dispose of a memorial, prior to the expiration of the 45-day period. This includes temporary memorials that pose a distraction to motorists or obstructs sight lines, have flammable material, interfere with routine maintenance activities of the city, cause damage to public property, emit music or amplified sound, contain glass or items containing the potential for an open flame, or include any drugs and alcohol or contain vulgar or obscene language or images.

Abandoned property – Section 13.14.060 of the proposed Ordinance would establish that items placed at the temporary memorial after the 45-day period shall be considered abandoned and that the city may remove and dispose of the contents. All nonperishable items will be placed for storage at the city’s Corporation Yard under the direction and supervision of the Parks, Recreation & Libraries Department and that items not claimed within thirty (30) calendar days may be discarded.

Posted notice prior to removal
– Section 13.14.070 of the proposed Ordinance would
establish the process in which the city will provide notice of its intent to remove the temporary memorial. The city shall post a notice in a conspicuous place near the temporary memorial no later than five (5) calendar days prior to removal of the temporary memorial or the expiration of the 45-day period, whichever is later.

The proposed Ordinance is intended to give the city, as well as the public, a clear and consistence process for regulating temporary memorials and ensuring public safety.

FISCAL IMPACT
There is no fiscal impact associated with the proposed Ordinance.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment.

Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

(CEQA Guidelines
§
15061(b)(3)).

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal A – Maintain a safe and healthy community
Goal F – Deliver exceptional City services

Respectfully Submitted,
My Tien Doan, Deputy City Attorney
Jill Geller, Parks, Recreation & Libraries Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Temporary Memorial Ordinance
ORDINANCE NO. ____

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE ADDING CHAPTER

13.14 OF TITLE 13 OF THE ROSEVILLE MUNICIPAL CODE

REGARDING TEMPORARY MEMORIALS

THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. Chapter 13.14 is hereby added to Title 13 of the Roseville Municipal Code to read as follows:

Chapter 13.14

TEMPORARY MEMORIALS
Sections:

13.14.010 Purpose.

13.14.020 Definitions.

13.14.030 Duration of temporary memorials.

13.14.040 Physical restrictions of temporary memorials.

13.14.050 Unauthorized or unsafe displays; Immediate removal.

13.14.060 Abandoned property; Removal, storage and disposal.

13.14.070 Posted notice prior to removal.

13.14.080 Temporary memorials on private property.

13.14.090 Penalties for violations.

13.14.100 Severability.
2 13.14.010 Purpose.

The purpose of this chapter is to promote the public health, safety, and welfare by regulating temporary memorials on public property. Specifically, this chapter is intended to:

A. Afford citizens a reasonable opportunity to express their grief and condolences when tragedies occur;

B. Establish the acceptable duration and contents of temporary memorials;

C. Reduce hazards to the general public, city personnel, and public property;

D. Enhance and protect the physical appearance of the city; and

E. Allow the city to properly and safely maintain public rights-of-way, streets, sidewalks, easements or other areas of thoroughfare, parks, trails, and other public property.

13.14.020 Definitions.

For purposes of this chapter, the following words shall have the meanings set forth in this section:
3 A. “Public property” means any public street, right-of-way, sidewalk, curb, easement or thoroughfare, alleyway, parking lot or parking garage, park, trail, open space, or other property owned or controlled by the city.

B. “Temporary memorial” means the placement, at or near the site of a tragic event, of a single item or collection of items, including but not limited to real or plastic flowers, crosses, or other mementos made of any materials, in memory of, or as a tribute to, a victim of a tragic event.

13.14.030 Duration of temporary memorials.

Any temporary memorial placed on public property shall be allowed to remain for no more than forty-five (45) days from the date on which the incident giving rise to the temporary memorial occurred. The city shall have the sole discretion to remove the temporary memorial at any time thereafter.

13.14.040 Physical restrictions of temporary memorials.

A temporary memorial shall be no more than thirty (30) inches in height, measured from the paved surface, two (2) feet in width, measured along the roadway or sidewalk, and one (1) foot in depth, measured perpendicular to the roadway or sidewalk.

4 13.14.050 Unauthorized or unsafe displays; Immediate removal.

The city reserves the right to immediately remove and dispose of a temporary memorial prior to the expiration of the 45-day period, without notice of any kind or liability to any person or entity, upon a determination that a temporary memorial violates any of the following standards:

A. Temporary memorials shall not create hazards to the general public, city personnel, or others, including, but not limited to, pose a distraction to motorists; obstruct sight lines for motorists or pedestrians, including in the Clear Vision Triangle (See Chapter 19.95, Definitions); or obstruct the free movement of motorists or pedestrians on any public street, sidewalk, or bike lane.

B. Temporary memorials shall not threaten the surrounding property, including, but not limited to, by having flammable material.

C. Temporary memorials shall not interfere with routine maintenance activities of the city, such as landscaping, mowing, irrigation, painting, tree removal, or related activities.

Memorials shall not be allowed in any permitted construction or maintenance work zone.

D. Temporary memorials shall not cause any type of damage to public property or any personal property located on public property, including, without limitation, trees, signs, or traffic control devices.
5 E. Temporary memorials shall not emit music and/or amplified sound.

F. Temporary memorials shall not damage or deface public property or be permanently affixed to the site.

G. Temporary memorials shall not be constructed from, contain, or include any glass items, including, but not limited to, picture frames, bottles, and candles, or any other item with or containing the potential for, an open flame.

H. Temporary memorials shall not include any drugs or alcohol, or contain vulgar or obscene language or images.

13.14.060 Abandoned property; Removal, storage, and disposal.

A. All items placed at a temporary memorial that remain after the 45-day period shall be considered abandoned, shall immediately become the property of the city, and may be removed and disposed of in any manner in the city’s sole discretion.

B. All perishable items, including, but not limited to, food and flowers, shall be discarded. All nonperishable items will be placed for storage at the city’s Corporation Yard under the direction and supervision of the Parks, Recreation & Libraries Department. Items collected by the city will be released to family member(s) of the temporary memorial honoree 6 upon written request. All items will be discarded by the city if not claimed within thirty (30) calendar days of storage.

13.14.070 Posted notice prior to removal.

Prior to the removal of a temporary memorial, but no later than five (5) calendar days prior to the removal of the temporary memorial or the expiration of the 45-day period, whichever is later, the city shall post in a conspicuous place near the temporary memorial a notice reading substantially as follows:

“CITY OF ROSEVILLE

NOTICE OF INTENT TO

REMOVE AND DISCARD TEMPORARY MEMORIAL

(RMC Chapter 13.14)

In order to provide an avenue to memorialize or pay tribute to victims of tragic accidents, while at the same time helping to protect the public health, safety and welfare of the community, temporary memorials are permitted on public property for up to 45 calendar days from the date on which the incident occurred that gave rise to the temporary memorial, or the date on which the city received notice, whichever is later. Thereafter, all items are considered abandoned, become the property of the city and may be removed and disposed of in any manner in the city’s sole discretion.

7 Persons who place any item at a temporary memorial are unequivocally indicating that they do not intend to retain the item and that it may be discarded by the city. The city shall not be responsible for the loss or theft of any item placed at a temporary memorial.

NOTICE IS HEREBY GIVEN that on or after _______ (“Removal Date’), the city will remove and dispose of all items that comprise or are a part of this temporary memorial. Any person who wishes to recover any item that comprises or is a part of this temporary memorial should remove such item prior to the Removal Date. Items remaining after the Removal Date shall be considered abandoned property, shall become the property of the city, and may be removed and disposed of in any manner in the city’s sole discretion.”

The city manager or his/her designee is authorized to approve revisions to this notice, so long as the notice remains consistent with the terms of this chapter.

13.14.080 Temporary memorials on private property.

Temporary memorials are prohibited on private property without the consent of the property owner.

13.14.090 Penalties for violation.

8 Violation of any provision of this chapter may be charged as an administrative citation, infraction, or misdemeanor, at the discretion of the City Attorney.

13.14.100 Severability.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

SECTION 2. The City Clerk is hereby authorized and directed to cause this ordinance to be published in full at least once within fourteen (14) days after it is adopted in a newspaper of general circulation in the City, or shall within fourteen (14) days after its adoption cause this ordinance to be posted in full in at least three (3) public places in the City and enter in the Ordinance Book a certificate stating the time and place of said publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of _______________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

9 ABSENT COUNCILMEMBERS:

______________________________
MAYOR

ATTEST:

_________________________________
City Clerk

COUNCIL COMMUNICATION
CC #:
3514
File #:
0203-07 & 0201-01
Title:

Electric Emergency Operations Center - Contract Purchase Agreement and Budget Adjustment
Contact:

Tom Pontes 916-
774-5550
[email protected]

Meeting Date: 9/4/2024
Item #: 7.2.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:

1. Adopt a resolution to approve a Contract Purchase Agreement with Conference Technologies Inc., dba CTI and authorize the City Manager to execute it; and

2. Adopt an ordinance approving a $750,000 budget adjustment to the previously approved Electric Utility Department Operations Center Project.

BACKGROUND
Roseville Electric Utility has identified the need for an Emergency Operations Center (EOC) to coordinate utility related emergencies, as well as support City emergency operations. The EOC will be located on the first floor of 116 S. Grant Street with a secondary location on the fourth floor. The EOC will serve as the central command and control location to ensure continuity of operations and enhance the safety of Roseville's residents and City staff during an emergency or disaster. Through the deployment of technology such as video walls, an audio-conferencing system, and the capability to view, monitor and interact with real time data from other systems, the EOC will provide the City's management team and incident responders with improved situational awareness to support effective incident management, decision making, and collaboration and communication with City staff, Roseville residents, and external agencies. These locations will continue to provide their existing functions for meetings, trainings and customer engagement so the technology will always be available for immediate use.

A Request for Proposals was issued in March 2024 for the EOC work and the electric utility received bids from two companies. Following staff review and evaluation of the proposals, CTI was selected at the top bidder.

The requested budget adjustment is necessary to increase the existing Electric Utility Department Operations Center Capital Improvement Project (CIP) budget to $1,500,000 to cover the proposed implementation cost and site modifications such as minor floor construction, electrical expansion work, and related ancillary equipment.

FISCAL IMPACT
The total cost of the five-year agreement will not exceed $1,251,098.72. Partial funding is included within the Electric Utility Department Operations Center CIP budget for Fiscal Year 2024-25. Approving the proposed $750,000 budget adjustment will increase the existing CIP budget from $750,000 to $1,500,000 in the Electric Fund. Any future funding necessary will be included in the respective Electric Department budgets and contingent on City Council approval.

ENVIRONMENTAL REVIEW
The proposed project involves the repair of an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). The Exemption has been prepared and no further CEQA action is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal B - Support community engagement and advocacy
Goal C - Maintain a safe and healthy community
Goal E - Deliver exceptional city services
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Tom Pontes, Asisstant Electric Utility Director
Dan Beans, Electric Utility Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Resolution 24-309
Contract-CTI
Ordinance 6859
CEQA Class 1 Exemption
RESOLUTION NO. 24-309

APPROVING A CONTRACT PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF ROSEVILLE AND CONFERENCE TECHNOLOGIES, INC. DBA CTI AND

AUTHORIZING THE CITY MANAGER TO EXECUTE IT

ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, contract purchase agreement (3004015) for an Emergency Operations Center Video Wall System, by and between the City of Roseville and Conference Technologies, Inc. dba CTI, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said contract purchase agreement is approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

_______________________________
MAYOR

ATTEST:

__________________________
City Clerk

Contract Purchase Agreement 3004015Supplier Details:Company Conference Technologies Inc dba CTIContact Earl CarterAddress 11653 Adie RdMaryland Heights, Missouri 63043Submit your response to:Company City of RosevilleContact Erica KaminskiAddress Purchasing Division311 Vernon StRoseville, CA 95678Phone (916) 746-1108Fax (916) 746-1115E-mail [email protected] Contract Purchase Agreement is sent for your review and acceptance. Notify the Buyer via email of any needed changes to the company name, address, and contact information. The Buyer will update the agreement prior to you signing the document.Return signed copies of the agreement to the Buyer noted on the agreement. Alterations or modifications to the agreement are not allowed. Upon receipt of all necessary documents, the City will sign the agreement and return a fully executed copy to you. Receipt of the signed copy will be your notice to proceed with the work in accordance with the terms and conditions of the agreement. Work must not begin until the contract has been fully executed.The following guidelines must be followed for the signature block on the agreement:Sole proprietorship - By ownerPartnership - Any general partnerCorporation - Two options: (1)A signature from the President and the corporate seal; OR(2)One signature from the Chairman of the Board, President, or any Vice PresidentANDone signature from the Secretary, any Assistant Secretary, Chief Financial Officer, or any Treasurer or Assistant Treasurer of the corporation*General Manager, Office Manager and/or Sales Manager are not corporate officer titles. The agreement will be rejected if not signed in accordance with these guidelines.Insurance requirements:The City's insurance requirements are referenced on Attachment A of the agreement. By signing the agreement, you are confirming that your company has the minimum insurance limits required.1 Contract Purchase Agreement 3004015Agreement3004015Agreement Date19-JUL-2024Revision0Agreement Amount1,191,522.59 USD Invoice ToCity of RosevilleAccounts Payable311 Vernon StROSEVILLE CA 95678SupplierConference Technologies Inc dba CTIPhone:Fax:Email:(916) 774-5488(916) [email protected]:Fax:Email:11653 Adie RdMaryland Heights, Missouri 63043()()[email protected] of Labor,equipmentand/or materialsTHE VENDOR SHALL PROVIDE THE SERVICES CALLED FOR UNDER THE CITY OF ROSEVILLE REQUEST FOR PROPOSALS (RFP) 07-100 FOR EMERGENCY OPERATIONS CENTER (EOC) VIDEO WALL SYSTEM AND CONTRACTOR'S PROPOSAL THERETO TITLED "RFP RESPONSE 2024 EMERGENCY OPERATIONS CENTER (EOC) VIDEO WALL SYSTEM RFP 07-100" DATED 5/14/24 (HEREINAFTER"PROPOSAL"). THE TERMS AND SCOPE OF WORK OF CITY OF ROSEVILLE RFP 07-100 AND CONTRACTOR'S PROPOSAL ARE HEREIN MADE PART OF THISAGREEMENT AND FULLY INCORPORATED BY REFERENCE. ADDITIONALLY, THEATTACHED CONFERENCE TECHNOLOGIES, INC. DBA CTI COST PROPOSALREVISED 5/30/24 IS FULLY INCORPORATED BY REFERENCE ONTO THISAGREEMENT WITH DOLLARS TO INCLUDE THE OPTIONAL FREESTANDINGMOUNTING STRUCTURE AND OPTIONAL EXTENDED WARRANTY.START DATE: EXECUTED AGREEMENTEND DATE: 5 YEARS FROM PROJECT INSTALLATION SIGNOFFPLEASE CONTACT STEVE HANCOCK IN THE ELECTRIC DEPARTMENT AT 916-774-5631 OR [email protected] FOR ANY QUESTIONSREGARDING THIS AGREEMENT.Customer #Supplier #Payment TermsFreight TermsFOBShipping Method16136 Net 30 Freight on Board at the destination Destination Best MethodStart DateEnd DateConfirm ToErica Kaminski Phone 1-916-746-1108Attention: Total Cost not to exceed the agreement amount without prior approval of the Purchasing office.2 Contract Purchase Agreement 3004015

Contract Terms and Conditions1. To the fullest extent allowed by law, Contractor shall defend, indemnify, and save andhold harmless the City, its officers, agents, employees and volunteers from any claims,suits or actions of every name, kind and description brought forth, or on account of,injuries to or death of any person (including but not limited to workers and the public), ordamage to property, resulting from or arising out of Contractor's willful misconduct ornegligent act or omission while engaged in the performance of obligations or exercise ofrights created by this Agreement, except those matters arising from City's sole or activenegligence or willful misconduct. The parties intend that this provision shall be broadlyconstrued. Contractor's responsibility for such defense and indemnity obligations shallsurvive the termination or completion of this Agreement for the full period of timeallowed by law. The defense and indemnity obligations of this Agreement are undertakenin addition to, and shall not in any way be limited by, the insurance obligations containedin this Agreement.2. Contractor is an independent contractor, and shall not be considered an officer, agent, oremployee of the City.3. Without the written consent of the City, this Agreement is not assignable by Contractoreither in whole or in part.4. Time is of the essence of this Agreement.5. At any time during the term of this Agreement, the City has the right to terminate thisAgreement, provided Contractor is given thirty (30) days written notice. City'stermination shall be without further liability to City; however, Contractor shall be entitledto all costs reasonably incurred prior to the date of termination. Contractor acknowledgesthat City may terminate this Agreement should funds not be appropriated by itsgoverning body to continue services under this Agreement.6. This Agreement may only be amended or modified in writing. It is integrated andcontains the complete understanding of the parties.7. All equipment, supplies and services sold to the City of Roseville shall conform to thegeneral safety orders of the State of California.8. Unless notified to the contrary, in writing, the City assumes that the Contractor hasaccepted the work in accordance with the plans and specifications (if any) and agrees todo the work in compliance with this Agreement.9. All prevailing wages and fair employment practices must be adhered to. For prevailingwage contracts over $25,000, copies of certified payroll must be submitted with invoices.Prevailing wage rates may be obtained from the State Department of Industrial Relationsand/or the following website address:http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. In compliance with Labor Code Section 1773.2,as may be amended from time to time, Contractor shall cause a copy of this website to beposted at each jobsite, as applicable.10. Contractor agrees to the below insurance requirements:a. Unless otherwise specified, the Contractor shall maintain the policies ofinsurance outlined in Attachment A, incorporated herein by this reference, infull force and effect during the term of this Agreement. The City of Rosevilleretains sole discretion in determining the types and proper levels of insurance3 Contract Purchase Agreement 3004015

coverage.b. Form. Contractor shall submit a certificate evidencing such coverage for theperiod covered by this Agreement in a form satisfactory to Risk Managementand the City Attorney, prior to undertaking any work hereunder. Any insurancewritten on a claims made basis is subject to the approval of Risk Managementand the City Attorney.c. Additional Insureds. Contractor shall also provide a separate endorsement orsection of the policy showing City, its officers, agents, employees, andvolunteers as additional insureds for each type of coverage (except Workers'Compensation) and for ongoing and completed operations. Such insurance shallspecifically cover the contractual liability of Contractor. The additional insuredcoverage under the Contractor's policy shall be primary and noncontributory, asevidenced by a separate endorsement or section of the policy, and shall not seekcontribution from City's insurance or self-insurance. In addition, the additionalinsured coverage shall be at least as broad as the Insurance Services Office(ISO) CG 20 01 Endorsement. Any available insurance proceeds in excess of thespecified minimum insurance coverage requirements and limits shall beavailable to the additional insureds. Furthermore, the requirements for coverageand limits shall be:(1) the minimum coverage and limits specified in this Agreement; or(2) the full coverage and maximum limits of any insurance proceeds available tothe named insureds, whichever is greater.d. Cancellation/Modification. Contractor shall provide thirty (30) days writtennotice to City prior to cancellation or modification of any insurance required bythis Agreement.e. Umbrella/Excess Insurance. The limits of insurance required in this Agreementmay be satisfied by a combination of primary and excess insurance. Any excessinsurance shall contain or be endorsed to contain a provision that such coverageshall also apply on a primary and noncontributory basis for the benefit of City (ifagreed to in a written contract) before City's own insurance shall be called uponto protect it as a named insured.f. Subcontractors. Contractor agrees to include in its contracts with allsubcontractors the same requirements and provisions of this Agreement,including the indemnity and insurance requirements, to the extent they apply tothe scope of the subcontractor's work. Furthermore, Contractor shall require itssubcontractors to agree to be bound to Contractor and City in the same mannerand to the same extent as Contractor is bound to City under this Agreement.Additionally, Contractor shall obligate its subcontractors to comply with thesesame provisions with respect to any tertiary subcontractor, regardless of tier. Acopy of City's indemnity and insurance provisions will be furnished to thesubcontractor or tertiary subcontractor upon request.g. Self-Insured Retentions. All self-insured retentions (SIR) must be disclosed toRisk Management for approval and shall not reduce the limits of liability.Policies containing any SIR provision shall provide or be endorsed to providethat the SIR may be satisfied by either the named insured or City. City reservesthe right to obtain a full certified copy of any insurance policy andendorsements. The failure to exercise this right shall not constitute a waiver ofsuch right.h. Waiver of Subrogation. Contractor hereby agrees to waive subrogation whichany insurer of Contractor may acquire from Contractor by virtue of the payment4 Contract Purchase Agreement 3004015

of any loss under a Workers Compensation, Commercial General Liability orAutomobile Liability policy. All Workers Compensation, Commercial GeneralLiability and Automobile Liability policies shall be endorsed with a waiver ofsubrogation in favor of City, its officers, agents, employees and volunteers forall work performed by Contractor, its employees, agents and subcontractors.i. Liability/Remedies. Insurance coverage in the minimum amounts set forthherein shall not be construed to relieve Contractor of liability in excess of suchcoverage, nor shall it preclude City from taking such other actions as areavailable to it under any other provisions of this Agreement or law.11. Contractor shall comply with all federal, state and local laws and ordinances, includingbut not limited to the City's storm water regulations, as may be applicable to theperformance of services under this Agreement. Failure to comply with local ordinancesmay result in monetary fines and cancellation of this Agreement. Refer to www.roseville.ca.us/stormwater for links to more information on the City's storm water regulations.12. In the event that the terms of any attachment or exhibit conflict with any terms of thisAgreement, the terms of this Agreement shall control.13. This Agreement may be executed in one or more counterparts, each of which shall bedeemed an original, but all of which together shall constitute one and the sameinstrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a valid and bindingobligation of the party executing (or on whose behalf such signature is executed) with thesame force and effect as if such facsimile or ".pdf" signature page were an originalthereof.14. If either party commences any legal action against the other party arising out of thisAgreement or the performance thereof, the prevailing party in such action shall beentitled to recover its reasonable litigation expenses, including but not limited to, courtcosts, expert witness fees, discovery expenses, and attorneys' fees. Any action arising outof this Agreement shall be brought in Placer County, California, regardless of where elsevenue may lie. This Agreement shall be governed by and construed in accordance withthe laws of the State of California.15. This Agreement shall be binding upon the heirs, successors, executors, administrators andassigns of the respective parties hereto.16. If any of the provisions contained in this Agreement are for any reason held invalid orunenforceable, such holding shall not affect the remaining provisions or the validity andenforceability of the Agreement as a whole.17. For purposes of this Agreement, the terms "Contractor," "Consultant," and "Supplier" areused interchangeably.18. No contractor or subcontractor may work on a public works project unless registered withthe Department of Industrial Relations pursuant to Labor Code section 1725.5. During theperformance of this agreement, Contractor and its subcontractors shall have a continuinglegal obligation to maintain current registration with the Department of IndustrialRelations. Contractor is hereby notified that this project is subject to compliancemonitoring and enforcement by the Department of Industrial Relations.19. Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 lbs. and light-dutypackage delivery vehicles operated in California may be subject to the California AirResources Board (CARB) Advanced Clean Fleets regulations. Such vehicles maytherefore be subject to requirements to reduce emissions and air pollutants. For moreinformation, visit the CARB Advanced Clean Fleet webpage athttps://ww2.arb.ca.5 Contract Purchase Agreement 3004015

gov/our-work/programs/advanced-clean-fleets.20. Contractor/consultant's duties and services under this agreement shall not includepreparing or assisting the public entity with any portion of the public entity's preparationof a request for proposals, request for qualifications, or any other solicitation regarding asubsequent or additional contract with the public entity. The public entity entering thisagreement shall at all times retain responsibility for public contracting, including withrespect to any subsequent phase of this project. Contractor/consultant's participation inthe planning, discussions, or drawing of project plans or specifications, if any, shall belimited to conceptual, preliminary, or initial plans or specifications. Contractor/consultantshall cooperate with the public entity to ensure that all bidders for a subsequent contracton any subsequent phase of this project have access to the same information, including allconceptual, preliminary, or initial plans or specifications prepared by contractor pursuantto this agreement.21. Contractor must submit all claims as defined in and in accordance with the claimresolution process set forth in Section 9204 of the Public Contract Code. Each such claimmust be sent to the City by registered mail or certified mail with return receipt requestedand must contain reasonable documentation to support the claim. All claims must bereceived prior to acceptance of the work.22. Contractor certifies that Contractor, its employees, directors, officers, agents,subcontractors, vendors, and volunteers are not presently debarred, excluded, suspended,declared ineligible, voluntarily excluded, or proposed for debarment, exclusion,suspension, or ineligibility by any federal, state, or local department or agency.23. The Levine Act (Govt. Code, Section 84308) requires a Party (and its agent(s), if any) to aProceeding before the City of Roseville that involves any action or consideration relatedto their contract, license, permit, or other entitlement for use, to disclose any campaigncontributions made to City elected or appointed officers totaling more than $250 withinthe twelve (12) months prior to the City decision and while a proceeding is pending, andincludes certain prohibitions on contribution activity thereafter. If applicable campaigncontributions have been made by Contractor and/or its agent(s), Contractor is responsiblefor compliance, including for its disclosure obligations, if any, as further described at:https://www.roseville.ca.us/government/departments/city_clerk/transparency/levine_act.24. This Agreement may be amended via change order, but only if such change order is madein writing, approved by the City, and signed by both parties.25. CONTRACTOR agrees to defend and indemnify CITY if, despite the parties intent andpractice, any venue, agency, or court with competent jurisdiction determines thatCONTRACTOR and/or any of its agents, officers, employees, volunteers, independentcontractors, or subcontractors, are characterized as employee(s) of CITY.CONTRACTOR and CITY agree that: (a) CONTRACTOR is free from the control anddirection of CITY in connection with the performance of the work; (b) CONTRACTORis providing services directly to CITY; (c) CONTRACTOR has and will maintain at allrelevant times a business license; (d) CONTRACTOR maintains a business location thatis separate from CITY; (e) CONTRACTOR is customarily engaged in an independentlyestablished business of the same nature as that involved in the work performedhereunder; (f) CONTRACTOR actually contracts with other businesses to provide thesame or similar services and maintains a clientele without restrictions from CITY; (g)CONTRACTOR advertises and holds itself out to the public as available to provide thesame or similar services; (h) CONTRACTOR provides its own tools, vehicles, andequipment to perform the services; (i) CONTRACTOR has negotiated its own rates; (j)CONTRACTOR set its own hours and location of work in accomplishing CITY's on-callneeds; and (k) CONTRACTOR has the right to control the manner and means ofaccomplishing the result desired and exercises its own expert independent judgement.6 Contract Purchase Agreement 3004015

The supplier named hereon by the acceptance of this order agrees to the provisions of this document titled "ContractPurchase Agreement" and all accompanying terms, conditions, and attachments.Roseville Business License No. ____________________________________Contractor License No. __1072847__________________________________________DIR Registration No. ___1000618469____________________________________________Check mark the applicable company type below:_____X______ Corporation___________ Limited Liability Company___________ Partnership___________ Sole ProprietorCity Reserves the right to withhold any payments to contractor in the event of noncompliance with insurance requirements or if requiredby law.Construction T&CREV 3/21/24 JS 7 Contract Purchase Agreement 3004015

ATTACHMENT AHUMAN RESOURCES/RISK MANAGEMENT DIVISIONINSURANCE REQUIREMENTSAGREEMENT OVER FORMAL BID LIMIT OR INVOLVING HIGH RISK ACTIVITIESGeneral - Required Coverage/DocumentationGeneral Liability: $1 Million per occurrence /$2 Million aggregateAutomobile Liability: $1 Million combined single limitWorkers' Compensation: Statutory *Must provide a Waiver of subrogationAdditional Insured Endorsement (AIE) - General Liability policy: CG 20 38 04 13 or an equivalent,blanket endorsement or section of the policy. Endorsement shall cover the City of Roseville, itsofficers, agents, employees and volunteers as additional insured.Policies must be primary and non-contributoryA 30 day notice of cancellation must be providedList certificate holder as: The City of Roseville - Insurance Compliance, PO Box 100085-R1, Duluth,GA 30096Additional Liability/Insurance Requirements if required by Agreement (and marked below):Construction:_X___General Liability:$2 Million/occurrence$4 Million aggregateDesign Professional:____General Liability:$2 Million/occurrence$4 Million aggregateProfessional Liability:$2 Million/occurrenceProfessional Consultant:____Professional Liability:$1 Million/occurrenceIT Services:____Professional Liability:$1 Million/occurrenceNo auto requiredCyber Liability:$1 Million/occurrenceHazardous Materials:____Pollution Liability:$1 Million/occurrenceSpecial Events/Caterers-Vendors:____No auto requiredNo workers' comp requiredProfessional Counseling/ Psychological:____Professional Liability:$1 Million/occurrenceNo auto required8 Contract Purchase Agreement 3004015

Pyrotechnics:____General Liability:$5 Million/occurrence$10 Million aggregateAuto - $2 Million/occurrenceChemical/Environmental:____General Liability:$3 Million/occurrence$6 Million aggregatePollution$2 Million/OccurrenceAuto - $2 Million/OccurrenceInsurance Submission ProcessThe City of Roseville Human Resources/Risk Management Department uses a service called EBIX to manageour insurance certificate tracking.How It WorksThe vendor's contact information is entered into EBIX. EBIX will contact the vendor to request proofof insurance.The Vendor can forward the request to their Insurance Agent(s) if necessary.Vendor/Insurance Agent submits insurance to EBIX by email to [email protected] or by fax to(770) 325-5727. After faxing or emailing the certificate, please DO NOT send the certificate by mail toEBIX. Please do not mail, email or fax any certificates to the City of Roseville.Once submitted, EBIX reviews the insurance documentation. If there are deficiencies, EBIX will senda follow up letter or email requesting additional information.Questions Regarding Insurance Submission: Contact EBIX at (951) 652-4239Questions Regarding Insurance Requirements Contact Risk Management at (916) 774-5202 9 Contract Purchase Agreement 3004015

Asbestos-Containing Materials in City-Owned BuildingsCalifornia Health and Safety Code Section 25915 requires that all City of Roseville employees,contractors and lessees be notified annually of the presence of asbestos in City-owned buildingsconstructed prior to 1979. Please post this notice in an area(s) accessible to all employees,contractors and lessees. Contact Facility Maintenance & Operations at (916) 774-5740 for moreinformation about Asbestos Containing Materials (ACMs) in specific City-owned buildings. Formore information about asbestos refer to the OSHA website.The City of Roseville is committed to maintaining a safe and healthy work environment. The City's Facility Maintenance & Operations staff conducts ongoing inspections to identify and safelymanage previously installed asbestos-containing products. Renovation of City-owned buildingsMUSTbe reviewed in advance by Facility Maintenance & Operations to ensure the City is incompliance with building codes, Americans with Disabilities Act and that no ACMs are disturbedwithout proper safeguards. Work that requires removal or repair of ACMs is restricted to trainedand qualified persons only.Facility Maintenance & Operations will need to approve thequalified contractors.Use the following measures to protect you and others from exposure to airborne asbestos:Presume all building materials contain asbestos until determined otherwise by FacilityMaintenance & Operations.Do not install walls, closets, cabinets, ceilings.Do not remove, cut, drill, sand, grind or otherwise disturb any material in the buildings,including carpet and tile.Do not paint (this includes any walls, ceilings, floors and electrostatic painting of officefurniture).Do not remove any items nailed or screwed to the walls (this includes pictures, cabinets,electrical, etc.).Do not go above ceilings, behind walls or into building spaces such as attics andcrawlspaces unless these areas have been inspected and cleared by Facility Maintenance& Operations.Do not pull cable or wiring through above-ceiling spaces with asbestos.Do not install screws, pins, nails or hangers into asbestos ceiling or wall plaster.Be careful not to damage walls, ceilings or floors when moving furniture or equipment.It is recommended that Facility Maintenance & Operations be contacted prior to movingfurniture or equipment.Do not brush, sweep or vacuum textured asbestos ceiling plaster or plaster debris.Immediately report any damage or deterioration of suspect building materials to FacilityMaintenance & Operations or Risk Management.It is important to note that the presence of asbestos does not mean you have been exposed.Exposure results when friable asbestos particles are inhaled or ingested. Asbestos becomes friablewhen material containing asbestos is drilled, sanded or disturbed by remodeling or demolitionwork or when the ACM has deteriorated. Intact, bonded, sealed or undisturbed asbestos does notpose a hazard.Employees may review the asbestos survey reports, results of bulk sampling or air monitoringconducted in City-owned buildings. All asbestos data will be available by appointment withFacility Maintenance & Operations.10 Contract Purchase Agreement 3004015
Sign to acknowledge receipt of asbestos notification:

AsbestosRev 01/16/19
11 Tuesday, 14 May 2024-Revised 5.30.24Paul ReignerDesign Consultant1902 Vulture St.Allentown, PA [email protected]

Equipment $634,150.57 Design and Implementation Services*** $177,148.25 IMaterials $16,800.00 Travel $19,825.00 Freight $28,500.00 Warranty, Service, and Support $65,812.50 Subtotal $942,236.32 Tax $60,379.76 Payment and Performance Bond Fee- .80% $8,020.93 Grand Total $1,010,637.01 ***Includes Admin fees for Prevailing Wage and Subcontractor labor Replace specified wall mount w/ freestanding wall mount-Includes Tax & Bond Fee $126,084.04 2 Additional Years of Extended Warranty- Years 4 & 5- Includes Tax & Bond Fee $54,801.54 Manufacturer P/N Description Qty Unit Price Ext. Price Display Systems Equipment: $275,981.30 Barco R9867602 UNI1.5 SMRTMNT WALL CROSS CPL 28 $71.13 $1,991.64 Barco R9868700B Uni-2008 View800N US 37 $5,710.14 $211,275.18Netgear GS316P-100NAS 16PT GE UNMANAGED SWCH W/POE/POE+ 2 $213.85 $427.70 Draper BARCO LCD ACC ARRAY SIZE: 6 (W) X 3 (H) SMARTTRIM AND INTERFACE W/ TEXTURED BLACK FINISH 2 $8,014.54 $16,029.08 Barco R985016B Wall Manager Edge 1 $995.00 $995.00 Barco R98497050 EXPC-7050 Ext power cable 50m 36 $323.12 $11,632.32 Barco R98491200 EXT-1200 Ext Pwr Supply Block 6 $1,806.26 $10,837.56 Barco R9867603 Uni2.0 SMRTMNT ASSEMBLY L 36 $538.79 $19,396.44 Barco R9867740 U1.5 SMRTMNT INSTALL KIT CPL 2 $272.41 $544.82 Barco B563128 PS SM 180/275 1200W 53V5 6 $475.26 $2,851.56 Video Systems Equipment: $150,846.61 Extron 60-1421-53 DTP T HWP 4K 331 D - White 4 $482.35 $1,929.40 Barco R9861622USB2 CX-50 GEN2 set, certified in l 4 $3,044.71 $12,178.84 Extron 60-1331-13 DTP HDMI 4K 330 Rx 21 $382.35 $8,029.35 Barco R985005B SAS-050 Secure Appliance Server US 3 $2,639.01 $7,917.03 Crestron HD-MD4X2-4KZ-E 4x2 4K60 4:4:4 HDR AV Switcher 1 $797.65 $797.65 Barco R9833642 Redundant Server license 1 $4,398.35 $4,398.35 Barco R983843000 NSD-430 Single Display Controller 1 $13,578.86 $13,578.86 Barco R9833641 LIC Barco CTRL SOURCE VIEW 60 $357.38 $21,442.80 Extron 60-604-11 RSB 126 GRAY 6 $50.59 $303.54 Barco R986744003 NGS-D440 PSU KIT US (pack of 2) 7 $180.13 $1,260.91 Extron 60-604-02 RSB 129 GRAY 3 $50.59 $151.77 Barco R985099 19" RACK MOUNT KIT P50 8 $152.31 $1,218.48 Extron 60-1580-02 PS 128, 12 VDC 96 W Power Supp 3 $723.53 $2,170.59 Barco R9833640 LIC Barco CTRL HD OUT 41 $357.38 $14,652.58 Barco R985000B SAN-050 Secure Appliance Node US 15 $1,649.39 $24,740.85 Extron 60-1331-12 DTP HDMI 4K 330 Tx 17 $382.35 $6,499.95 Barco R9833645 BASIC License pack (includes 8x HD OUT, 16x SOURCE VIEW) 1 $1,979.26 $1,979.26 Barco R9867440 NGS-D440 Secure Appliance Encoder 12 $1,237.05 $14,844.60 Barco R986744093 NGS-D440 RACKMOUNT US 6 $305.43 $1,832.58 VADDIO 999-1005-032 USB 3.0 EXTENDER SYSTEM N/A 1 $1,638.00 $1,638.00 VADDIO 999-30230-000W EasyIP 20 Camera White 1 $3,419.66 $3,419.66 VADDIO 999-30231-000W EasyIP 20 Mixer Base Kit White NA 1 $5,861.56 $5,861.56 Audio Systems Equipment: $18,629.25 Shure QLXD2/B58=-V50 Handheld Transmitter with Beta 58A Microphone 3 $421.35 $1,264.05 Shure MXWAPT8-Z10+P300-P MXWAPT8=-Z10 and P300-IMX 1 $4,316.35 $4,316.35 Biamp 910.0300.900 DX-IC6LP-W White 10 $170.59 $1,705.90 Shure MXWNCS8 8-CH NETWORKED CHARGING STATION 1 $1,553.53 $1,553.53 Shure QLXD4=-V50 Half-Rack, Single Channel Receiver 3 $608.00 $1,824.00 Shure MXW6/C=-Z10 BOUNDARY TRANSCEIVER, CARDIOID 8 $553.24 $4,425.92 Atlas DS5E Fixed Height Desktop Mic Stand 5 inch Ebony Finish 3 $19.44 $58.32 Biamp 911.0653.900 REVAMP2120T 2 $414.12 $828.24 Biamp 911.0395.900 TesiraFORTE AVB CI 1 $2,652.94 $2,652.94 Control Systems Equipment: $3,882.36 Crestron TSD-2220-B 21.5 in. HD Touch Screen Display, Black 1 $1,294.12 $1,294.12 Crestron DGE-100 Digital Graphics Engine 100 1 $1,294.12 $1,294.12 Crestron CP4 4-Series Control System 1 $1,294.12 $1,294.12 Rack Accessories and Furniture: $1,546.41 MIDDLE ATLANTIC PD-2415SC SLIM PWR STRP,24OUT,15A,W 1 $158.82 $158.82 MIDDLE ATLANTIC WRK-44SA-32LRD 44SP/32D WRK RACK LRD 1 $1,271.12 $1,271.12 MIDDLE ATLANTIC PD-915R 9OUT,15A,RCKMNT POWER CEN 1 $116.47 $116.47 Audio/DSP Programming $1,969.00 Consulting $9,400.00 Corp Rack Build $3,528.00 Drafting $2,016.00 Engineering $14,320.00 Installation Labor / Training $28,350.00 Programming/Commissioning $14,320.00 Project Management $15,752.00 Rack Cert $8,950.00 Subcontractor Labor $4,500.00 Touch Panel & Graphic Design $2,048.00 Travel-Install Labor $8,976.00 Labor: $114,129.00 Manufacturer P/N Description Qty Unit Price Ext. Price Display Systems Equipment: $73,051.76 Barco R985016B Wall Manager Edge 1 $995.00 $995.00 Barco R9867740 U1.5 SMRTMNT INSTALL KIT CPL 1 $272.41 $272.41 Barco R98497050 EXPC-7050 Ext power cable 50m 9 $323.12 $2,908.08 Netgear GS316P-100NAS 16PT GE UNMANAGED SWCH W/POE/POE+ 1 $213.85 $213.85 Barco R9867603 Uni2.0 SMRTMNT ASSEMBLY L 9 $538.79 $4,849.11 Barco R98491200 EXT-1200 Ext Pwr Supply Block 3 $1,806.26 $5,418.78 Barco R9868700B Uni-2008 View800N US 9 $5,710.14 $51,391.26 Barco R9867602 UNI1.5 SMRTMNT WALL CROSS CPL 8 $71.13 $569.04 Draper BARCO LCD ACC ARRAY SIZE: 3 (W) X 3 (H) SMARTTRIM AND INTERFACE W/ TEXTURED BLACK FINISH 1 $5,008.45 $5,008.45 Barco B563128 PS SM 180/275 1200W 53V5 3 $475.26 $1,425.78 Video Systems Equipment: $28,667.82 Barco R986744093 NGS-D440 RACKMOUNT US 2 $305.43 $610.86 Barco R9867440 NGS-D440 Secure Appliance Encoder 4 $1,237.05 $4,948.20 VADDIO 999-1005-032 USB 3.0 EXTENDER SYSTEM N/A 1 $1,638.00 $1,638.00 Barco R986744003 NGS-D440 PSU KIT US (pack of 2) 2 $180.13 $360.26 Barco R985099 19" RACK MOUNT KIT P50 2 $152.31 $304.62 Barco R985000B SAN-050 Secure Appliance Node US 4 $1,649.39 $6,597.56 Extron 60-1331-12 DTP HDMI 4K 330 Tx 4 $382.35 $1,529.40 Extron 60-1331-13 DTP HDMI 4K 330 Rx 6 $382.35 $2,294.10 VADDIO 999-99600-270W RoboSHOT 12E OL BRIDGE Express WHT 1 $5,651.88 $5,651.88 Extron 60-1580-02 PS 128, 12 VDC 96 W Power Supp 1 $723.53 $723.53 Extron 60-1421-53 DTP T HWP 4K 331 D - White 2 $482.35 $964.70 Barco R9861622USB2 CX-50 GEN2 set, certified in l 1 $3,044.71 $3,044.71 Audio Systems Equipment: $13,215.82 Shure MXWAPT8-Z10+P300-P MXWAPT8=-Z10 and P300-IMX 1 $4,316.35 $4,316.35 Shure QLXD4=-V50 Half-Rack, Single Channel Receiver 1 $608.00 $608.00 Shure MXWNCS4 4-CH NETWORKED CHARGING STATION 1 $1,205.94 $1,205.94 Biamp 911.0653.900 REVAMP2120T 1 $414.12 $414.12 Atlas DS5E Fixed Height Desktop Mic Stand 5 inch Ebony Finish 1 $19.44 $19.44 Shure MXW6/C=-Z10 BOUNDARY TRANSCEIVER, CARDIOID 4 $553.24 $2,212.96 Biamp 911.0395.900 TesiraFORTE AVB CI 1 $2,652.94 $2,652.94 Biamp 910.0300.900 DX-IC6LP-W White 8 $170.59 $1,364.72 Shure QLXD2/B58=-V50 Handheld Transmitter with Beta 58A Microphone 1 $421.35 $421.35 Control Systems Equipment: $3,216.47 Crestron CP4 4-Series Control System 1 $1,294.12 $1,294.12 Crestron TS-1070-B-S 10.1 in. Tabletop Touch Screen, Black Smooth 1 $1,922.35 $1,922.35 Rack Accessories and Furniture: $1,546.41 MIDDLE ATLANTIC PD-2415SC SLIM PWR STRP,24OUT,15A,W 1 $158.82 $158.82 MIDDLE ATLANTIC PD-915R 9OUT,15A,RCKMNT POWER CEN 1 $116.47 $116.47 MIDDLE ATLANTIC WRK-44SA-32LRD 44SP/32D WRK RACK LRD 1 $1,271.12 $1,271.12 Audio/DSP Programming $716.00 Consulting $4,700.00 Corp Rack Build $1,008.00 Drafting $1,008.00 Engineering $5,370.00 Installation Labor / Training $17,640.00 Programming/Commissioning $10,740.00 Project Management $4,475.00 Rack Cert $2,864.00 Subcontractor Labor $4,500.00 Touch Panel & Graphic Design $768.00 Travel-Install Labor $4,224.00 Labor: $58,013.00 Manufacturer P/N Description Qty Unit Price Ext. Price Display Systems Equipment: $31,951.24 Barco 14647 UniSee (3x3) EssentialCare (HW)- 5 Years 1 $7,081.08 $7,081.08 Barco 14647 UniSee (6x3) EssentialCare (HW)- 5 Years 2 $12,435.08 $24,870.16 Video Systems Equipment: $31,615.12 Barco 14647 CTRL EssentialCare (HW)- 5 Years 1 $8,596.48 $8,596.48 Barco 14647 NSD-430 EssentialCare (HW)- 5 Years 1 $1,824.04 $1,824.04 Barco R9833643 Barco CTRL Standard Software Support- 1 Year 5 $4,238.92 $21,194.60 Manufacturer P/N Description Qty Unit Price Ext. Price Display Systems Equipment: $54,484.81 Draper BARCO LCD ADD ARRAY SIZE: 3 (W) X 3 (H) SMARTTRIM AND INTERFACE -1 $5,008.45 ($5,008.45) AMD AMD_VWFSLCD_X-PNL 3x3H Configuration Self supported Structure and Cladding Barco Unisee LCD 1 $17,411.76 $17,411.76 Draper BARCO LCD ADD ARRAY SIZE: 6 (W) X 3 (H) SMARTTRIM AND INTERFACE -2 $8,018.07 ($16,036.14) AMD AMD_VWFSLCD_X-PNL 6x3H Configuration Self supported Structure and Cladding Barco Unisee LCD 2 $29,058.82 $58,117.64 Consulting $800.00 Drafting $252.00 Engineering $1,432.00 Project Management $1,432.00 Manufacturer Labor $60,800.00 Labor: $64,716.00 ORDINANCE NO. 6859

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 2024-25, is hereby amended as listed on the attached budget adjustment for the Electric Emergency Operations Center project.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this ______________ day of _________________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:
__________________________
City Clerk
REQUESTER NAME & TITLE: Steve Hancock, Sr Electric Business Analyst FISCAL YEAR: 2024-25 PREPARER NAME & TITLE: Matt Nelson, Sr Electric Business Analyst COUNCIL DATE (if applicable): 09/04/24 DEPARTMENT/DIVISION: Electric / Operations Technology ORDINANCE:

EXPENDITURES/EXPENSES/TRANSFERS OUT
BUDGET ($)
Fund Account Center Project Adjustment
6001 6587 84701 500417 750,000
750,000

REVENUES/TRANSFERS IN
BUDGET ($)
Fund Account Center Project Adjustment
-
750,000

FUND BALANCE
BUDGET ($)
Fund Account Center Project Adjustment
6001 3601 00000 000000 (750,000)
3601 00000 000000
3601 00000 000000
3601 00000 000000
(750,000)
Justification for Budget Adjustment:

DESCRIPTION
Increase budget for Electric Department Operations
Center

REVENUES/TRANSFERS IN TOTAL

EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL
Roseville Electric Utility has identified the need for an Emergency Operations Center (EOC) to coordinate utility related emergencies, as well as support City emergency operations. The EOC will be located on the 1st floor of 116 S. Grant Street with a secondary location on the 4th floor. Through the deployment of technology such as video walls, an audio-conferencing system, and the capability to view, monitor and interact with real time data from other systems, the EOC will provide the City's management team and incident responders with improved situational awareness to support effective incident management, decision making, and collaboration and communication with City staff, Roseville residents, and external agencies.The requested budget adjustment is necessary to increase the existing CIP budget to $1,500,000 to cover the proposed implementation contractor (Conference Technologies Inc.) cost, in addition to site modifications such as minor floor construction, electrical expansion work, and any ancillary equipment required for a successful EOC implementation.

FUND BALANCE TOTAL

REQUEST FOR BUDGET ADJUSTMENT
Updated 5/24/2024

ACCOUNT STRING DESCRIPTION
Decrease Electric Fund available resources

NET ADJUSTMENT

ACCOUNT STRING DESCRIPTION

ACCOUNT STRING

Notice of Exemption

To: Placer County Clerk From: City of Roseville
Recorder’s Office Development Services Dept.
2954 Richardson Drive 311 Vernon Street
Auburn, CA 95603 Roseville, CA 95678

Project Title: Electric Emergency Operations Center

Project Location(s): 116 S Grant Street (APN 013-123-025-000), Roseville, CA 95678.

Project Description : Roseville Electric staff seeks the approval of a resolution to build an Emergency Operations Center (EOC) to coordinate utility-related emergencies, as well as support City emergency operations. The EOC will be located on the 1st floor of 116 S. Grant Street with a secondary location on the 4th floor. The EOC will serve as the central command and control location to ensure continuity of operations and enhance the safety of Roseville's residents and City staff during an emergency or disaster. The EOC will be entirely contained and operated within the existing building and will use technology such as video walls, an audio-conferencing system, and the capability to view, monitor and interact with real time data from other systems. The facilities will also provide space for meetings, trainings and customer engagement when not in use for emergencies. The proposed work will include site modifications such as minor floor construction, electrical expansion work, and installation of ancillary equipment needed for EOC operations. The project would consolidate operations of emergency management in one of two locations and would not result in an expansion of use or capacity.

Public Agency Approving Project: Roseville City Council

Agency/Individual Carrying Out Project: Roseville Electric Utility

Reason why this Project is Exempt: The project qualifies for a Class 1 Categorical Exemption as described in Section 15301 of the California Environmental Quality Act (CEQA) guidelines which states:

“Class 1 consists of the operation, r epair, maintenance, ...or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use… Examples include, but are not limited to: (a) Interior or exterior alterations involving such things as interior partit ions, plumbing, and electrical conveyances.

The project consists of the construction of two new EOC facilities on the 1 st and 4th floors of the
existing building located at 116 S Grant Street. The project would not result in expansion of use.

Consequently, the Class 1 Categorical Exemption applies.

Lead Agency Contact Person: Tom Pontes, Roseville Electric (916-774-5550).

Signature: Date: 8/15/2024
Jessica Lynch, Environmental Coordinator
City of Roseville

Type text here

COUNCIL COMMUNICATION
CC #:
3517
File #:
0900-04 & 0201-01
Title:

Historic Old Town Parking Lot Improvements Project - Capital Improvement Project Approval, Letter of Understanding, and Budget Adjustment Contact:

Brian Gulewich
916-746-1376
[email protected]

Meeting Date: 9/4/2024
Item #: 7.3.

RECOMMENDATION TO COUNCIL
Staff recommends that the City Council:

1. Approve the establishment of a new Capital Improvement Project (CIP) – Historic Old Town Parking Lot Improvement Project (Project);

2. Adopt a resolution to approve a Letter of Understanding (LOU) Agreement prepared by the Union Pacific Railroad Company (UPRR) covering the possible sale by Union Pacific Railroad Company (Seller) to City of Roseville (Buyer) of Seller's interest in certain real property in Roseville, California for an agreed-upon purchase price of $800,000, and authorize the City Manager to execute the LOU Agreement, and to terminate the LOU Agreement during the feasibility review period if conditions warrant; and

3. Adopt an ordinance to approve a budget adjustment appropriating $2,170,000 from the Strategic Improvement Fund (SIF) to the Project for the acquisition of a 1.64-acre parcel from UPRR, environmental review, and design services for the Project.

BACKGROUND
In 2017, a parking analysis was completed to evaluate the parking impact in response to the Capitol Corridor Third Track Project. In the analysis, a parking shortfall of approximately 90 to 160 spaces was identified at peak times. The UPRR parcel, referenced in the LOU Agreement, was identified as an ideal property to construct a parking lot to address the shortage. This property was also identified for a potential parking lot by the Downtown Specific Plan, adopted in 2009.

In addition to the Third Track project, the study identified the following factors as contributing to the shortfalls:

Full utilization of the Roseville Station surface parking lot under existing conditions Increase in ridership and parking demand associated with the Third Track project Lack of available off-street public parking within a five-minute walk of the Roseville Station platform under existing conditions
Significant increase in residential development and associated parking demand Reduction of off-street parking supply

Approval and execution of the LOU Agreement is necessary to establish an agreed-upon purchase price for the property and terms and conditions for both parties, including allowing the City time to do appropriate due diligence in advance of property acquisition, such as environmental testing, surveys, title report review, mitigation studies, etc. The LOU provides for a 90-day survey period
and a concurrently running
120-day Feasibility Review Period, during which
time
surveys will be shared with the Seller (UPRR)
and City staff will conduct a title review
. If
needed, an additional 90-day extension can be requested of UPRR for further title review by

City
s
taff. Should any of the surveys deem the acquisition of the property for the agreed-upon purchase price undesirable to the goals of the City, the City Manager can terminate the LOU and reassess terms of acquiring the property from UPRR.

Establishment of the CIP is necessary for staff to continue with the City’s effort to create more parking in Historic Old Town Roseville, should the acquisition be finalized.

With final acquisition approvals following the feasibility review period, staff anticipates the acquisition of the property being completed by March, 2025. Design of the approx. 110-space parking lot will immediately follow successful acquisition and will include development of the construction timeline.

FISCAL IMPACT
A budget adjustment in the amount of $2,170,000 is being requested from the Strategic Improvement Fund (SIF) to fully fund the property acquisition, environmental review, and design services. Construction is estimated to cost approximately $3,130,000 and will come to Council for future contract and budget approval. No General Fund resources are proposed for this project.

ENVIRONMENTAL REVIEW
Development of the Historic Old Town Parking Lot Improvements Project was previously evaluated in the Downtown Roseville Specific Plan EIR (March 16, 2009) (SCH: 2007102090), and identified in the associated City of Roseville Downtown Specific Plan. As discussed in the Specific Plan EIR, the EIR provides environmental analyses of community infrastructure and facilities, including parking facilities, like the proposed project. Because the project is consistent with the Downtown Roseville Specific Plan Final EIR and Specific Plan, no new effects would be expected to occur and all applicable mitigation measures from the Downtown Roseville Specific Plan EIR will be implemented during the design and construction of the Historic Old Town Parking Lot Improvements Project. Because the proposed project meets the requirements identified in Section 15183 of the State CEQA Guidelines, no additional CEQA review is required.

CITY COUNCIL STRATEGIC PLAN/OVERARCHING GOALS
Goal F - Invest in well-planned infrastructure and growth

Respectfully Submitted,
Brian Gulewich, Assistant Engineer
Jason Shykowski, Public Works Director

_____________________________
Dominick Casey, City Manager
ATTACHMENTS:

Description
Project Location
Resolution 24-311
LOU Agreement
Ordinance 6860
SCALE:DATE:EXHIBIT 1 - 75' OFFSET OF THE RAILROAD TRACKCENTERLINE AND EXISTING PARCEL LIMITS1/8" = 1'-0"DEPARTMENT OF PUBLIC WORKSENGINEERING DIVISION

RESOLUTION NO. 24-311

APPROVING A LETTER OF UNDERSTANDING, BY AND BETWEEN THE UNION

PACIFIC RAILROAD COMPANY AND THE CITY OF ROSEVILLE, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY OF ROSEVILLE

WHEREAS, in 2017, a parking analysis was completed to evaluate the parking impact in response to the Capitol Corridor Third Track Project and a parking shortfall of approximately 90 to 160 spaces was identified at peak times; and

WHEREAS, a parcel of land owned by the Union Pacific Railroad Company was identified as an ideal property to construct a parking lot to address the shortage; and

WHEREAS, approval and execution of the Letter of Agreement “(LOU”) is necessary to establish an agreed-upon purchase price for the property and terms and conditions for both parties, including allowing the City time to do appropriate due diligence in advance of property acquisition, such as environmental testing, surveys, title report review, and mitigation studies; and

WHEREAS, should any of the surveys deem the acquisition of the property for the agreed-upon purchase price undesirable to the goals of the City, staff requests authority for the City Manager to terminate the LOU and reassess terms of acquiring the property; and

WHEREAS, a Letter of Understanding for the purchase of real property, has been reviewed by the City Council; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roseville that said Letter of Understanding is hereby approved and that the City Manager is authorized to execute it on behalf of the City of Roseville.

BE IT FURTHER RESOLVED that the City Manager is also authorized to terminate the Letter of Understanding should any of the surveys deem the acquisition undesirable to the goals of the City.

PASSED AND ADOPTED by the Council of the City of Roseville this ___ day of ______________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
______________________________
MAYOR
ATTEST:

________________________
City Clerk
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

September 4, 2024
Project: 0785727

RETURN RECEIPT REQUESTED

CITY OF ROSEVILLE
ATTN: STEFANIE KEMEN, PE
311 VERNON STREET
ROSEVILLE, CA 95678

Dear Ms. Kemen,:

This letter ("Agreement") confirms our understandings covering the possible sale by Union Pacific Railroad Company ("Seller") to CITY OF ROSEVILLE ("Buyer") of Seller's interest in certain real property in Roseville, California.

The undersigned will recommend to Seller's Management a sale of the Property on the following terms and conditions:

Article 1. Description of Property:

A. The Property is approximately 1.64 acres as sh own on the print attached hereto as Exhibit A and made a part hereof. The legal description of the Property will be determined by Seller.

B. Before finalizing the survey, Buyer shall subm it the draft survey to Seller for review and approval. Computer files of the survey and le gal descriptions shall be sent via e-mail to [email protected], with a subject line referencing the UPRR Project Number 0785727 assigned to this document. Buyer shall deliver a certified copy of the completed survey to Seller within ninety (90) days after Buyer’s execution of this Agreement (“Survey Period”). Delay in obtaining or furnishing the survey to Seller shall in no event give Buyer the right to extend the Closing Date (as defined in the ‘Closing – Default:’ Article 8).

Article 2. Sale Price:

The sale price (“Sale Price”) for the Property shall be Eight Hundred Thousand Dollars ($800,000.00).

Article 3. Feasibility Review/Right of Entry:

A. For one hundred twenty (120) days from the date of execution of this Agreement by Buyer (“Feasibility Review Period”), Buyer and its agents and cont ractors may enter upon the Property to perform environmenta l audits, soil tests, engineeri ng and feasibility studies of the Property. Buyer shall have the ri ght to extend the Feasibility Revi ew Period by an additional ninety (90) days to conduct title review in the event that a title report is not completed during the initial one hundred twenty (120) day Feasibility Review Period. Buyer shall deliver written

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 notice to Seller of its election to extend the Feasibility Review Period within ten (10) days prior to Closing. If the results of such audits, tests or studies, or Buyer’s review of title or any other matters relating to the Property are unsatisfact ory, Buyer may terminate this Agreement by giving Seller written notice before the end of the Feasibility Review Period. If no such written notice of termination is given before the end of the Feasibility Review Period, the Property will be deemed suitable for Buyer’s purposes. In the event of such termination by Buyer, then Buyer shall surrender to Seller copies of all audits, soils, engineering and any other reports prepared for Buyer pertaining to the Prop erty and such reports will become the sole property of Seller without cost or expense of Seller and this Ag reement will terminate without any further force and effect, and without further obligation of either party to the other.

B. Buyer’s right to enter upon the Property pursuant to Article 3-A is subject to the following:

1. Buyer will indemnify, defend and save harmless Seller and/or Seller’s affiliates (Seller’s affiliates means any corporation whic h directly or indirec tly controls or is controlled by or is under common control with Seller), their o fficers, agents and employees, against and from any and all liability, loss, costs and expense of whatsoever nature growing out of personal injury to or death of persons whomsoever, or loss or destruction of or damage to property whatsoever, where such personal injury, death, loss, destruction or damage arises in co nnection with the entr y upon the Property by Buyer, its agents or contractors prior to Closing.

2. Buyer and Buyer’s agents and contractors (collectively “Contractors”) will maintain in confidence all information, reports, and ev aluations generated in connection with any environmental assessments and will not ma ke disclosure without the prior written consent of Seller, except as required by law. If Buyer discovers hazardous or toxic substances or materials, Buyer will immediately notify Seller.

3. Buyer will promptly deliver to Seller the results and copi es of any and all reports, evaluations, tests and studies generated in connection with any environmental assessments. Prior to the issuance of any final environmental report, Seller will have the opportunity to make comments, pose qu estions and offer reco mmendations to the Contractor preparing the report.

4. Buyer agrees to indemnify, defend and hold harmless Seller against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of any work done, labor performed or materials furnished at the Property on behalf of Buyer prior to Closing.

5. If the sale of the Property does not close, Buyer will, as soon as possible and at Buyer’s sole expense, restore the Property to the same condition it was in immediately prior to the time Buyer entered the Prop erty, failing in which Selle r may perform the work of restoration and Buyer will reimburse Seller w ithin thirty (30) da ys after rendition of bill by Seller.

C. Absence of markers is not a warranty by Selle r of no subsurface installations. Fiber optic systems, pipelines, and other structures may be buried on the Property. Before any digging/drilling/excavation, the following procedures will be fo llowed by Buyer and Buyer's Contractors:

1. Protection of any fiber optic cable systems is of extreme importance since any break could disrupt service to us ers resulting in business interruption and loss of revenue and profits. Buyer shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried on the Property. If it is determined that fiber optic cable is buried on the Property, Buyer shall promptly inform Seller, at the Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 address at the bottom of the first page of this Agreement of the results of its investigation.

2. Before drilling or excavating with mechan ized equipment, Buyer will explore with hand tools to a depth of at least eight (8 ) feet below the surface or will use suitable detection equipment.

D. Notwithstanding any provisions in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, Buyer will remain obligated to comply with the provisions of Article 3-A and 3-B and Seller will retain all of its remedies for Buyer’s default under Article 3-A and 3-B.

Article 4. As Is Sale - Release - Indemnity:

A. "As Is" Sale. Buyer and its representatives, prior to the Closing Date, will have been afforded the opportunity to make such inspections of the Property and matters related thereto as Buyer and its representatives desire, including, without limitation, governmental laws and regulations to which the Property is subject. Buyer shall accept the Property upon the basis of its review and determination of the applicability and effect of such laws and regulations. Buyer, for itself, its successors and assigns, including any succes sor owner of any interest in the Property, acknowledges and agrees that the Property is to be sold and [accepted by Buyer in an "as is" condition with all faults, and that the Property was used for railroad, commercial and industrial purposes. Seller does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Property or any of such related matters; in particular, but without limitation, Seller makes no representati ons or warranties with respect to the use, condition, title, occupation or management of the Property, compliance with applicable statutes, laws, codes, ordinances, regulations or requirements relating to leasing, zoning, subdivision, planning, building, fire, safety, health or environmental matters (including but not limited to the existence of Hazardous Materials in, on, under, or emanating to or from the Property), compliance with covenants, conditions and restrictions (whether or not of record), other local, municipal, regional, state or federal requirements, or other statutes, laws, codes, ordinances, regulations or requirements (collectively, "Condition of the Property"). Buyer acknowledges that it is entering into this Agreement on the basis of Buyer's own investigation of the physical and environmental conditions of the Property, including the subsurface conditions and Buyer assumes the risk that adverse physical and environmental conditions may not have been revealed by its investigation.

For purposes of this Agreement, "Hazardous Materials" means any flammable or explosive materials, petroleum or petroleum products, oil, crude oil, natural gas or synthetic gas usable for fuel, radioactive materials, asbestos, hazardous waste or substances or toxic waste or substances, including, without limitation, any substances now or hereafter defined as or included in the definition of "hazardous substances", "hazardous waste", "hazardous materials", "toxic materials" or "toxic substances" under any applicable federal, state or local law or regulation now or hereafter in effect.

B. Release. BUYER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, INCLUDING ANY

SUCCESSOR OWNER OF ANY INTEREST IN THE PROPERTY, HEREBY WAIVES,

RELEASES, REMISES, ACQUITS AND FORE VER DISCHARGES SELLER, SELLER'S

EMPLOYEES, AGENTS, OR ANY OTHER PERSON ACTING ON BEHALF OF SELLER,

OF AND FROM ANY CLAIMS, LIABILITIES, ACTIONS, CAUSES OF ACTION,

DEMANDS, RIGHTS, DAMAGES, COSTS, EXPENSES, PENALTIES, FINES OR

COMPENSATION WHATSOEVER, DIRECT OR INDIRECT, WHICH BUYER NOW HAS

OR WHICH BUYER MAY HAVE IN THE FUTURE ON ACCOUNT OF OR IN ANY WAY

ARISING OUT OF OR IN CONNECTION WITH THE CONDITION OF THE PROPERTY,

INCLUDING, WITHOUT LIMITATION, THE KNOWN OR UNKNOWN PHYSICAL OR

ENVIRONMENTAL CONDITIO N OF THE PROPERTY (INCLUDING, WITHOUT

LIMITATION, ANY CONTAMINATION IN, ON, UNDER, ADJACENT OR EMANATING Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

FROM OR TO THE PROPERTY BY ANY HAZARDOUS MATERIALS), OR ANY

FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE, REQUIREMENT,

DIRECTIVE, ORDER OR REGULATION APPLICABLE THERETO, INCLUDING,

WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE

FOREGOING APPLIES REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY

OF SELLER, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS OR ASSIGNS. WITH RESPECT TO THE FOREGOING RELEASE, BUYER EXPRESSLY WAIVES THE BENEFITS AND PROTECTIONS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH READS AS FOLLOWS:

1542. Certain Claims Not Affected by General Release. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

BUYER HEREBY EVIDENCES ITS SPECIFIC AGREEMENT TO THE TERMS OF THIS RELEASE BY PLACING ITS SIGNATURE OR INITIALS BELOW.

_______________________
Buyer's Initials

C. Indemnity. FROM AND AFTER CLOSING, BUYER SHALL, TO THE MAXIMUM

EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND SAVE HARMLESS

SELLER, ITS AFFILIATES, THEIR EMPL OYEES, AGENTS, OFFICERS, SUCCESSORS

AND ASSIGNS, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CAUSES OF

ACTION, LEGAL OR ADMINISTRATIVE PROCEEDINGS, CLAIMS, DEMANDS,

FINES, PUNITIVE DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES,

INCLUDING ATTORNEY'S FEES, IN ANY WAY ARISING OUT OF OR CONNECTED

WITH THE CONDITION OF THE PROPERTY , INCLUDING, WITHOUT LIMITATION,

THE KNOWN OR UNKNOWN PHYSICAL OR ENVIRONMENTAL CONDITION OF

THE PROPERTY (INCLUDING, WITHOUT LIMITATION, ANY CONTAMINATION IN,

ON, UNDER, ADJACENT OR EMANATING FROM OR TO THE PROPERTY BY ANY

HAZARDOUS MATERIALS), OR ANY FEDERAL, STATE OR LOCAL LAW,

ORDINANCE, RULE OR REGULATION APPLICABLE THERETO, INCLUDING,

WITHOUT LIMITATION, THE TOXIC SUBSTANCES CONTROL ACT, THE

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT, AND THE RESOURCE CONSERVATION AND RECOVERY ACT. THE

FOREGOING APPLIES REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY

OF SELLER, ITS AFFILIATES, THEIR EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS OR ASSIGNS.

D. General Allocation of Environmental Responsi bility. With respect to any existing or future presence of Hazardous Materials in, under or emanating to or from the Property, Buyer, for itself, its successors and assigns, including any successor owner of any interest in the Property, at no cost to Seller, agrees to be solely responsible for conducting any investigation, monitoring, remediation, removal, response or other action required by any governmental agency, court order, law or regulation or which may otherwise be necessary to make the Property suitable for Buyer's use of the Property.

E. Survival. The provisions of this Article will survive the deliv ery of the Deed (as defined in Article 6.A. below) and will bind and inure to the benefit of th e parties hereto, their heirs, successors and assigns.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 Article 5. Escrow, Title Insu rance and Abstract of Title:

A. Seller will not furnish title insuran ce or an abstract of title to th e Property. Buyer may, at its sole option and expense, obtain a preliminary title report (“PTR”) in order to review the status of title to the Property during the Feasibility Review Period. If Buyer obtains a PTR, a copy will be delivered to Seller. Seller has no obligation to cure any title defects or to assist Buyer in obtaining title insurance.

B. If Buyer desires title insurance, Buyer shall pay the cost of any title insurance and any endorsements or changes to the title policy desired by Buyer. If an escrow is used, Buyer shall pay any and all fees relating to the escrow, including, but not limited to, any City and/or County Transfer Taxes and recording fees.

Article 6. Form of Deed; Reservations; Post-Closing Covenants:

A. At Closing, Seller will transfer Seller’s interest in the Prop erty to Buyer by Quitclaim Deed ("Deed"), subject to all outstanding rights, whether or not of record.

B. Seller will reserve from the tr ansfer all minerals and mineral rights without right of surface entry.

C. Post-Closing Covenants:

The Property will be quitclaimed by Seller at Closing subject to the following covenants, conditions and restrictions which Buyer, by the acceptance of the Deed, shall covenant for itself, its successors and assigns, faithfully to keep, observe and perform:

1. Restriction on Use. The Property must not be used for (i) residentia l, (ii) lodgings or accommodations (including, without limitation, hotels, motels, boarding houses, dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or child-care facilities (inc luding, without limitation, sch ools, kindergartens or day-care centers).

2. Fence. Buyer, at its sole cost and expense, shall install, and thereafter maintain fencing or other barriers to prevent access to or encroachment on the railroad right-of-way of Seller adjacent to the trackside boundary of the Property as a first order of work prior to occupying the property for purposes of construction and use. The fencing or barrier must be of a design and type satisfactory to Seller, and in compliance with applicable building codes. Seller agrees a standard 6’ tall chain link fence will be acceptable.

Buyer shall submit the plans for the fencing or barrier construction to:

Union Pacific Railroad Company
Attn: Real Estate Sales (Project No. 0785727)
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179

for review and approval. Seller shall complete such review and make appropriate response to Buyer within twenty (20) days after receipt of such plans by Seller.

Seller shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the fence as constructed will be structurally sound.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

3. Railroad Proximity.

(a) Buyer acknowledges th at the property abutting the east boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty-four (24) hours a day, and that the amount, nature and intensity of railroad operatio ns may increase or change (collectively, the "Permitted Effects"). Buyer accepts the Property subject to the existence of the Permitted Effects. By accep tance of the Property, Buyer agrees that, at Buyer's sole cost and expense, as part of the development of the Property, Buyer shall design and install and/ or construct and thereafter maintain improvements to reduce or limit the Permitted Effects an d to comply with all governmental requirements, if any, which may be imposed as a condition to the development and use of the Property because of the Permitted Effects.

(b) Buyer shall not, and hereby waives all rights to, (i) institute legal proceedings against Seller to reduce or lessen the Permitted Effects, and (ii) directly or indirectly participate in petition drives, lobbying efforts or other activities seeking the enactment of federal, state or local laws or ordinances to reduce or lessen the Permitted Effects. Any party breaching such covenant shall reimburse Seller for all costs incurred by Seller to comply with any such orders, laws or ordinances, including, without limitation, attorney fees and court costs.

(c) If Buyer sells or leases all or any portion of the Property, Buyer shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of Seller, to comply with the above covenants.

The foregoing covenants, conditions and restrictions shall run with the Property, the burdens of which will be binding on the successors and assi gns of Buyer and the benefits of which will inure to the successors and assign s of Seller. A breach of the foregoing covenants, conditions and restrictions, or the continuance thereof, ma y, at the option of Seller, its successors or assigns, be enjoined, abated, or remedied by appropriate proceedings.

Article 7. Existing Agreements:

A. If any lease or “Use Rights” (license or other rights to use the Property) affects only the Property (whether identified by Seller be fore or after execution of this Agreement), Seller’s rights and obligations under any such identified lease or Use Right will be assigned to and assumed by Buyer at or after Closing.

B. Buyer acknowledges that the Property may be subject to unidentified Use Rights. It is the responsibility of Buyer to determine if any of these unidentified Use Rights exist.

Article 8. Closing - Default:

A. Closing of the transaction de scribed in this Agreement ("Clos ing") will occur on or before December 31, 2024 (“Closing Date”), subject to Buyer’s right to extend the Feasibility Review Period pursuant to Article 3-A, in which case Closing shall occur on or before March 31, 2025.

The Closing will be deemed to occur upon paymen t of the Sale Price by wire transfer or a cashier’s or certified check, and delivery of the deed. All Closing costs, including transfer taxes and excise taxes, will be paid by Buyer.

B. If Closing fails to o ccur due to default by Seller, Buye r may terminate this Agreement as Buyer’s sole remedy against Seller. In the event of such termination, neither Seller nor Buyer will have any further liability hereunder.

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340

C. If Closing fails to occur due to default by Buyer, Seller ma y terminate this Agreement and neither Seller nor Buyer shall have any further obligations or liability hereunder except for any of Buyer's surviving obligations pursuant to Article 3 (B) hereof. In no event shall Seller have any obligation whatsoever to extend the Closing Date for any reason if Buyer fails to perform.

Article 9. Prorations:

Local property taxes, if any, and other assessments due and payable in the year of Closing, as well as rental under any leases or Use Rights that are being assigned, will be prorated as of the date of Closing. Buyer will assume any installments of assessments not yet due and payable.

Article 10. Exemption from Subdi vision/Platting Compliance:

Buyer acknowledges and represents to Seller that this transaction is exempt from the California Subdivision Map Act because it constitutes a conveyance to a governmental agency or public agency and no showing has been made under Section 66428 of such Act that public policy necessitates that a parcel map be filed in connection with this transaction.

Article 11. Mortgage Release:

If the Property is subject to a blanket mortgage granted by Seller or a corporate predecessor of Seller, Seller will obtain a release within approximately six (6) months after Closing.

Article 12. Seller’s Management Approval:

BUYER ACKNOWLEDGES THAT NEITHER THIS AGREEMENT NOR THE

NEGOTIATIONS LEADING TO THIS AGREEMENT CREATE ANY OBLIGATION

ON THE PART OF SELLER TO SELL THE PROPERTY TO BUYER UNLESS THIS AGREEMENT IS APPROVED BY SELLER'S MANAGEMENT. IF SUCH

APPROVAL IS NOT GIVEN AND COMMUNICATED BY SELLER TO BUYER BY

THE EXPIRATION OF THE FEASIBILITY REVIEW PERIOD, THIS AGREEMENT

WILL TERMINATE AND NEITHER PARTY WILL HAVE ANY FURTHER
OBLIGATION.

Article 13. Condemnation:

If, prior to Closing, a governmental agency co mmences or imminently threatens in writing to commence any eminent domain proceedings to take any material portion of the Property, Buyer and Seller shall each have the unilateral right, exercisable by giving notice of such decision to the other party within thirty (30) days after receiving written notice of such actual or threatened condemnation proceedings, to terminate this Agreement. In the event of such termination, this Agreement will be without any further force and effect and without further obligation of either party to the other. If neither party elects to te rminate pursuant to this Article - Condemnation, the Sale Price will be determined as though su ch condemnation had not occurred, and the net proceeds of condemnation awards paid or payable to Seller by reason of such condemnation of the Property shall be paid or assigned to Buyer at Closing.

(Remainder of page intentionally left blank. Signatures on following page.)

Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 If you agree with the fo regoing terms and conditions with respect to the possible purchase of the Property, please indicate your acceptance of thes e terms and conditions by signing in the acceptance space provided below and returning one copy to Stephanie A Tingley at the address listed on the bottom of the first page of this letter or by electronic mail at satingle@ up.com, in order that it is received by Seller no later than June 21, 2024.Please also indicate below how you wish to take title. If you should have any questions, please call Stephanie A Tingley at (402) 544-5453.

Sincerely,

_____________________________________________
General Director - Real Estate

ACCEPTED AND AGREED THIS ____ DAY OF _____________, 2024

CITY OF ROSEVILLE

By:________________________________________________

Print Name: Dominick Casey

Title: City Manager

Title to the Property will be taken as follows:

City of Roseville, a municipal corporation

ORDINANCE NO. 6860

ORDINANCE OF THE COUNCIL OF THE CITY OF ROSEVILLE
AUTHORIZING CERTAIN AMENDMENTS TO THE FISCAL YEAR 2024-25

BUDGET AND DECLARING THIS ORDINANCE TO BE IMMEDIATELY

EFFECTIVE AS AN APPROPRIATION MEASURE
THE CITY OF ROSEVILLE ORDAINS:

SECTION 1. The City of Roseville Annual Budget, Fiscal Year 202 4-25, is hereby amended as listed on the attached budget adjustment for the Historic Old Town Parking Lot Improvements project.

SECTION 2. This ordinance is hereby declared to be an appropriation measure, immediately effective pursuant to the provisions of Section 5.03 of the Charter.

SECTION 3. The City Clerk is hereby authorized and directed to post a true copy of the foregoing ordinance in each of three (3) conspicuous locations in the City and she shall immediately after such posting enter in the ordinance book, under the record of the ordinance, a certificate under her hand stating the time and place of such publication by posting.

PASSED AND ADOPTED by the Council of the City of Roseville, this ______________ day of _________________, 2024, by the following vote on roll call:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:
_______________________________
MAYOR
ATTEST:
__________________________
City Clerk
REQUESTER NAME & TITLE: Brian Gulewich, Assistant Engineer FISCAL YEAR: 2024-25 PREPARER NAME & TITLE: Brian Gulewich, Assistant Engineer COUNCIL DATE (if applicable): 09/04/24 DEPARTMENT/DIVISION: Public Works - Engineering ORDINANCE:

EXPENDITURES/EXPENSES/TRANSFERS OUT
BUDGET ($)
Fund Account Center Project Adjustment
1030 6587 84001 500545 2,070,000
1030 5080 84001 500545 100,000
2,170,000

REVENUES/TRANSFERS IN
BUDGET ($)
Fund Account Center Project Adjustment
-
2,170,000

FUND BALANCE
BUDGET ($)
Fund Account Center Project Adjustment
1030 3601 00000 000000 (2,170,000)
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
3601 00000 000000
(2,170,000)
Justification for Budget Adjustment:

Establish Budget for property acquisition and design costs

REVENUES/TRANSFERS IN TOTAL
Establish Budget for Staff Time

EXPENDITURES/EXPENSES/TRANSFERS OUT TOTAL

DESCRIPTION
Staff recommends that Council authorize the establishment of a new Capital Improvement Project 500545 – Historic Old Town Parking Lot Improvement Project, and adopt an ordinance to approve a budget adjustment appropriating $2,170,000 in the Strategic Improvement Fund to the Project for the acquisition of a 1.64-acre parcel from UPRR and environmental and design services in preparation of the construction of a surface parking lot.

Adequate funds are available in 1030 – Strategic Improvement Fund.

FUND BALANCE TOTAL

REQUEST FOR BUDGET ADJUSTMENT
Updated 5/24/2024

ACCOUNT STRING DESCRIPTION
Reduce Strategic Improvement Fund Balance

NET ADJUSTMENT

ACCOUNT STRING DESCRIPTION

ACCOUNT STRING